Full text of "The Blue laws of New Haven colony, usually called Blue laws of Connecticut; Quaker laws of Plymouth and Massachusetts; Blue laws of New York, Maryland, Virginia, and South Carolina. First record of Connecticut; interesting extracts from Connecticut records; cases of Salem witchcraft; charges and banishment of Rev. Roger Williams, &c.; and other interesting and instructive antiquities. Compiled by an antiquarian."

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REFERENCE
USE IN LIBRARY ONLY

THE

BLUE LAWS

NEW HAVEN COLONY,

USUALLY CALLED

BLUE LAWS OF CONNECTICUT ;

QUAKER LAWS

PLYMOUTH AND MASSACHUSETTS;
BLUE LAWS

NF'V YORK, MARYLAND, VIRGINIA,
AND SOUTH CAROLINA.

.EST RECORD OF CONNECTICUT ;

INTERESTING EXTRACTS FROM CONNECTICUT RECORDS ; CASES
OF SALEM WITCHCRAFT ; CHARGES AND BANISHMENT OF
REV. ROGER WILLIAMS, &c. ; AND OTHER INTER-
ESTING AND INSTRUCTIVE ANTIQUITIES.

COMPILED

By AN ANTIQUARIAN.

HARTFORD.
PRINTED BY CASE, TIFFANY & CO.

PEARL STREET.

1838.

Entered according to Act of Congress, in the year 1838,

BY CASE, TIFFANY & CO.,

in the Clerk's Office of the District Court of Connecticut.

Manufactured by
Case, Tiffany & Co., Tearl Street.
Hartford.

PREFACE.

The first settlers of the New-Haven colony, and also of the
colony of Connecticut, were emigrants from England. Soon
after the arrival of the former, in 1638. finding themselves desti-
tute of any laws as rules of action to govern their small but
intrepid band, knowing that all civil societies required laws,
both for the protection of their persons and estates, the colonists
soon organized and constituted a General Court, in L639, ap-
pointed such officers as were required, constituted courts, and
enacted such laws as the exigences of the occasion demanded,
in the infancy of the government. And as their numbers in-
creased, and settlements extended, other laws were enacted to
punish offenders, protect life, liberty, and property from injury,
and were added from session to session of the General Court.
As no printing establishment had yet been in operation in the
colony, the laws were promulgated to the people by written
copies of them delivered to the constables in the jurisdiction,
whose duty it was to declare them to their subjects on lecture
days, and at such other times as the citizens of the plantations
should be assembled. This mode of enacting and declaring the
laws, continued until their laws became numerous, and there-
fore inconvenient and difficult, not only for the people, but the
courts, to retain them in recollection. It was therefore ordered
by the General Court of the Colony, in 1665, that some able,
judicious and godly man should be appointed, to form a code of
laws for the (New-Haven) colony. Governor Eaton was ap-
pointed for this purpose, and desired by the General Court, for
his own instruction, and to aid him in this arduous task, to exa-
mine the laws of the colony of Massachusetts, and also the Dis-
course on Civil Government in a New Plantation, by the Rev.
Mr. Cotton. Governor Eatjn accepted the appointment, and

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IV,.,

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IV PREFACE.

soon perfected a code of laws for the colony, (very many oi
which were extracted from the Massachusetts code) which were
presented to the elders of the jurisdiction, and by them examin
ed and approved ; when the General Court ordered five hundred
copies to be printed for the use of the New-Haven colonists
Governor Hopkins being at this time in England, and being a
gentleman of education, and sustaining an exalted reputation iri
all the New England ~olonies, was selected to procure the print-1"''
ing to be executed iri England. The copy was therefore for-!
warded to him for this' j irpose ; which he soon procured to be
effected under his special direction and inspection, (at the
Crown, in Pope's-head Alley, London, in 1656.) and returned
them immediately to the colony.

It has been generally supposed that the laws enacted by the
New-Haven colony previous to the code by Governor Eaton in
1655, formed the code of Blue Laws so highly celebrated in
this country.— Peters says that many of what have been termedffc
"Blue Laws," were not suffered to be recorded, but were to be
made so familiar with the people, that recording them would be "
unnecessary ; until the laws of that colony were systematized
by Governor Eaton and printed in 1656, at which time many of
the laws previous to 1656 were expunged, and new laws added.
At this time New-Haven was a distinct colony from that of Con-
necticut. The latter was composed of the towns of Hartford,
Windsor and Wethersfield, and some wild and unsettled territory
contiguous to them. The term " blue laws," attached to this
early code of laws, is said to have originated from the fact thatf™
the first printed laws in the New Haven colony were enveloped
in blue colored paper ; and from this circumstance I am inclined
to believe that the term " Blue Laws of Connecticut^ is incor-
rect, but should be the Blue Laws of New-Haven Colony ; for
it appears that the first printed laws in eithe.- colony were those
composed by Gov. Eaton, which are said to have been enveloped
in blue paper, so that we are to conclude that the Eaton code of
1656 were in fact the blue law, if a code of blue laws were
ever in force here, and not exc :vely the acts passed previous
to that period. It will readily be discovered by the reader of the
blue laws, and the early laws of the Massachusetts colony, that
the code by Gov. Eaton (for New-Haven colony) was composed
almost entirely of the laws of Massachusetts, in doing which,

Ii
I

mill

PREFACE. v

?oi Jov. Eaton made the sacred volume his guide, and has cited
cripture in all cases upon which his laws were founded ; and
;here he has adopted the laws of other colonies, has enlarged
nd defined their meaning, to avoid doubts and caviling amongst
"he colonists, most of which laws are now incorporated in the
1?a tatute book of this state, not couched in the original language
11 nd phraseology, but embracing the same principles, and pun-
shing like offences. Indeed that cod- of laws has been the
aundation of the civil government he State, and all our
raiseworthy institutions, both civil and religious, can be traced
rom the present code of laws in this State, to those compiled
y Governor Eaton nearly two centuries since. And however
trange the fact may appear, but two volumes of the five hun-
red printed in 1656, are to be found in this country, as known
□ the compiler, of which valuable antiquity a certified and cor-
ed copy is published in this work. The loss of which (origin-
1) to future generations would be irreparable ; for no antiqui-
ies so amply and satisfactorily shew the improvement of the
ge for two hundred vears past, as the laws of civil govern-
ment (of 1656 compared with thepresent,)-the acts and records
,f the legislature for one hundred and fifty years from the first
ettlement in New England, prove that the march of improve-
aent has fully kept pace with that of time. Indeed it appears
himerical to the present generation, that the improvement for
wo centuries in advance should be equal even to the last fifty
•ears in this country. It is to preserve these literary antiquities
hat the compiler has collected and published them, and brought
hem together into a single volume, that they may never be lost
o posterity.

Also are included in this work, several of the laws of Plym-
,uth and Massachusetts colonies, from 1657, for several years in
uccession, which have been obtained through a correct source,
Lnd are to be relied upon as true transcripts of record, punishing
he denomination of christians called Quakers, who came into
hose colonies, which will be p ,ew and highly interesting to
nost of the citizens of New-England, as to the inhabitants of
he South or West. No man can peruse these laws without a
:hill in every vein, and be ready to disbelieve that so uncharita-
>le a spirit could ever have existed and been exercised in Amer-
ca in a country whose freedom, civilly and religiously consid-

. be

PREFACK.

ered, was its boast, and by a class of citizens, too, who them-
selves had, (then recently) abandoned home and the friends of
their childhood, for the sole purpose of enjoying their own reli-
gious opinions, and escaping the persecution of the Church of
England : and that as soon as circumstances had placed them in
the ascendancy in this country, should have forgotten the smarts,
pains and penalties, so lately inflicted upon themselves in their
native country, and for exercising that freedom of opinion
which they had been refused, and were then so pleasantly en-
joying— for which opinions, the Quakers were whipped, brand-
ed, had their ears cut off, their tongues bored with hot irons,
and were banished, upon the pain of death in case of their re-
turn, and actually executed upon the gallows. If the Quakers
violated any laws of the colony, they should have been punish-
ed for snch violation, and not for their religious opinions.

Also is included the record of the charges and sentence of
banishment of the Rev. Roger Williams and others by the
court and clergy of the colony in 1635.

Also a few pages of the first record ever made in Connecticut,
in the year 1635, soon after the first emigrants settled in Hart-
ford, which is included merely for its antiquity, more than two
centuries having expired since the facts recorded transpired.

Also the criminal code of laws passed by the General Court of
Connecticut on the 1st day of December, 1642, which is inserted
for the purpose of shewing the reader the similarity of the crim-
inal laws (at that time) in the different colonies in New-England.

The compiler is aware that some few of the illiberal in this
community may be dissatisfied with the publication of a part of
these important antiquities, apprehending that "the literary or
moral character of the * Puritan Fathers of New England may
he implicated by such publication. But when they reflect that
no man at that day was licenced as a clergyman to preach until
he was familiar with the three learned languages, (which is far
more than is now required,) it will be at once yielded that the
literary clergy of that day would not suffer by a comparison with

* This name was given to a party which appeared in England in the year
1565, who opposed the liturgy and ceremonies of the Church of England.
They acquired this denomination from their professed design to establish a
purer form of worship and discipline.

Those who were first styled Puritans were Presbyterians ; but the term
was afterwards applied to others who differed from the Church of England,
(also called Dissenters). — [Ilai/ward 83.

PREFACE.

vii

those of the present. The orthography in which much of this
work appears, only shews that the mode of spelling at that day
was the fashion of the times, which is clearly evidenced by the
writings of Cotton Mather and other learned men, whose orthog-
raphy is much the same. I have not been very particular in
most of the work to preserve the ancient spelling, which would
necessarily occupy much more time, and render the type setting

far more laborious and difficult. That the morality or religion

of the puritans are implicated by this publication, I cannot do
less than deny. For each and every act contained in this work
shews their actions were intended to be strictly governed by
that Law Book first given to man. That they were enthusiastic,
perhaps bigoted, superstitious, highly excited and zealous in the
pursuit of their object, cannot be doubted, when their laws pun-
ishing Quakers and others are examined. Even the Blue Laws
are highly honorable and praiseworthy to the authors of them,
so far as their pure intentions towards God and their fellow men
were concerned. The suppressing, or rather neglecting, their
publication for one hundred and eighty-two years, is far more
reprehensible than any thing contained in the Blue Laws them-
selves. (A few of them have been published in Barber's An-
tiquities of New-Haven.) A small work called the Blue Laws
of Connecticut appeared a few years since, compiled by Silas
Andrus, Esq., of Hartford, which were nothing more than the
early colony laws of Connecticut, and which did not contain a
single law known anciently as a Blue Law.

The reader in this work will find that our ancestors did not
hesitate to call things by their right names, either in conversa-
tion or upon record. They have spoken in plain scripture lan-
guage, and it should no more offend the delicacy of any person
than should the language of the Bible itself. Though I have
latinized some few expressions to avoid offending females, rath-
er than to expunge any part of the laws and render the code
imperfect, antiquarians will at once chide me for so doing, and
reply, that a law made for a rule of action at any day, should
not be secreted under a Latin phrase, and that a public act to
govern the people, whether delicate or vulgar, should come to
all classes, and be preserved and published in its ancient purity
or impurity of language.

A few ancient orders and resolutions taken from the State rec-

via

PREFACE.

ord, which are highly amusing and entertaining to all classes of
society, are also embraced in this collection of antiquities ; and
also the journal of the Dutch commissioners, Van Ruyven, bur-
gomaster Van Cortlandt, &c, from New- York to Hartford, in
1663.*

At the close of this work are a few extracts upon the subject
of witchcraft, from Mather's Magnalia and other ancient publi-
cations, which are printed in the words and figures of the origin-
al, as written by the authors at the time it was supposed the
cases mentioned took place, and to several of which they claim
to have been eye witnesses.

Much has been said in this country upon the subject of Salem
withcraft, and in later years, Salem has been the butt and ridi-
cule for her forafer belief in demonology and withcraft, which
has been clone without reflecting that the influence of credulity
is contagious, and that individuals will trust the evidence of oth-
ers in despite of their own senses. Excited passions upon this
subject, operated upon the minds of men, and being rather in-
clined to believe in supernatural and marvelous events and
sights, the public mind became satisfied of its reality and its
danger. But Salem has not been alone in the belief of hobgob-
lins and ghosts. Neither did witchcraft originate in this coun-
try. Even Pharaoh had wizzards. Saul was met by a witch.
The Romans had laws against witchcraft. It arose at a period
when the Christians deemed the gods of the Mahomedan or
heathen nations as perfect fiends, and their priests as wizzards.
Fortune-telling, mystical or magical cures, intercourse with fa-
miliar spirits, fairies and withcraft, have ever been much the
same thing, depending upon the spirit of the times and the popu-
lar superstition when it existed. Prosecutions for withcraft
have been from the earliest period, even in the Roman empire,
and in the middle ages ; as in the case of the Duchess of Glou-
cester. Prosecutions in the fourteenth century, for witchcraft,
united with the charge of heresy, in Sweden and Spain, were
not uncommon. In England it was usually a crime connected
with politics and state offences. In the sixteenth century, im-
postures, countenanced by individual catholic priests, and some

* This was probably the first formal diplomatic embassy that ever took
place in this country, from one independent province or colony to another, to
settle an affair of government.

PREFACE.

puritan clergymen, as in the case of Dugdale. And I might
follow the rage of this strange frenzy from age to age, and coun-
try to country, to the Salem withcraft, which existed at a time
when there were more fairies and jugglers in every part of Eu-
rope and this country, than had existed at any previous period.
These supernatural and strange ideas of familiar spirits, by the
first settlers at Plymouth, Salem, &c, were brought with them
from England, and the punishment of the offence at Salem was
the same as in England at the time, derived from the law they
had lived under before their embarkation to this country.

The reader, from these remarks, will not conclude that I make
them in justification of the heretical frenzy of those concerned in
the withcraft of Salem, but rather to shew that at that time the
strong passion for supernatural events existed ili every part of
the world to a greater or less extent. Connecticut and Virginia
had laws at the same time, punishing the crime of witchcraft
with death. — But be it spoken to the honor and good sense of
Connecticut, that although a few persons were tried for the
crime of familiarity with Satan, that her records are not stained
with the disgrace of a sentence executed upon any of her citi-
zens for the crime of witchcraft. Though like the other colo-
nies, Connecticut had a law at the time, punishing the offence
with death. However, but two adjudicated cases are found on
her record, where a jury returned verdict of guilty, and even
in these cases the court acquitted the prisoners and rejected the
verdict for an informality in the complaint filed.

As Connecticut has often smarted by the ridicule of other
States for her Blue Laws, in days of yore, I have collected a
few of the ancient Blue Laws of Massachusetts, New-York,
Maryland, Virginia, and South Carolina, together with some
from that part of the island of Barbadoes, then settled by the
English near the same period of time, which I have included in
this volume, all of which retain the strong blue tinge of the
laws of Connecticut ; and most evidently, from the spirit of the
times when they were enacted, was much the same, not only
in Europe, but throughout the settled parts of this country.
All which, I most cheerfully submit lo the perusal of literary
antiquarians, giving them the assurance that nearly the whole
work is matter of record in this country, which can be referred
to for its authenticity. Some few of the Blue Laws (as no

PREFACE.

record was made of a part of them, or if made has been lost,)
I depend upon tradition, or a worse source, Peters' history, for
their authenticity. But a record is made of all such as were
enacted as early as 1655, and some from the first settlement of
the New-Haven colony.

There has been added to this work, by request of a gentleman
by the name of S. G. Welles of New-Lebanon, in the state of
New-York, a few pages, embracing the religious tenets of " The
United Society of Believers, commonly called Shakers," which
I insert for the accommodation of the Shakers, and that the
public generally may obtain a more thorough knowledge of the
tenets of their religion, which has not been generally understood
by the public.

I have also added several laws from the record of the Plym-
outh colony, some of which were enacted more than two hun-
dred years since, by the first settlers, and have with care pre-
served the orthography of the original records ; together with
many other records of ancient times, which I hope may not only
instruct, but amuse the antiquarian.

Hartford, April 2, 1838.

CONTENTS.

PAGE

Laws punishing Quakers, &c. in 1657, .... 14

Laws of New Plymouth Colony, &c. 1627, .... 41

Capital Laws of New^PIymouth, 51

Criminals, .......... 54

Civil Laws of New Plymouth, 57

Extracts from Laws of New Plymouth, ..... 59

Trial of Rev. Roger Williams, 63

Record of Connecticut in 1636, .... . .67

Saybrook Platform, 1708 90

Declaration against Popery, &c, 97

Extracts from Connecticut Records, ..... 100

Capital Laws of Connecticut in 1642, 102

Blue Laws of Peters 121

Gov. Eaton's Blue Laws, 123

Blue Laws of Virginia, . 225

Blue Laws of Barbadoes, . . ..... 232

Blue Laws of Maryland 234

Blue Laws of New York, 23g

Blue Laws of South Carolina, ...... 243

Cornelius VaruRuyven &c. embassy, ..... 245

Shaker's exposition, 261

Witchcraft, . 296

BLUE LAWS.

The reader will find the following collection of Laws,
Letters, Judgments, &c. in the Colonies of Massachusetts
and Plymouth in 1657 &c, highly interesting: — punish-
ing Quakers by whipping, branding, cutting off their ears,
banishing and actually executing them upon the gallows,
for differing in their religious opinions, (on the construc-
tion of the doctrines of the bible) from other Dissenters
from the church of England.

PLYMOUTH, ORDER OF COURT ABOUT QUAKERS.

Plymouth Records.

It is ordered by the court, that in case any shall bring
in any Quaker, Rantor or other notoriouse Heretiques,
either by land or water into any parte of this government,
shall forthwith, upon order from any one magistrate returne
them to the place from whence they came, or clear the
government of them on the penaltie of paying a fine of
twenty shillings for euery {every) weeke that they shall stay
in the government after warninge.

PLYMOUTH LAW AGAINST ENTERTAINING QUAKERS.

From the records of Plymouth.

Whereas there hath seuerall persons come into this gov
2

BLUE LAWS OF

eminent commonly called Quakers, whose doctrine and
practises manifestly tend to the subersion of the fundamen-
lallsof christian religion, church order and the civell peace
of this government, as appeers by the testimonies given in
sundry depositions and otherwise : It is therefore enacted
by the court and the authoretie thereof, that noe Quaker
or person commonly soe called, bee entertained by any
person or persons within this government, vnder thepenal-
ltie of five pounds for euery such default, or be whipt, and
in case any one shall entertaine any such person ignorant-
ly, if hee shal testify on his oath that hee knew not them
to bee such, he shalbe freed of the aforesaid penaltie,
provided hee vpon his first decerning them to bee such,
doe discouer them to the constable or his deputie. (Re-
enacted 10th June, 1669.)

Plymouth Records, Oct. 6, 16^7.

At this court, humphrey Norton, one of those com-
monly called Quakers, being summoned, appeered and,
was examined and found guilty of diuers horred errors
and was centanced speedily to depart the government,
and was forthwith expelled the government by the vnder
marshall whoe was required to accompanie him as farr as
Asonett, towards Road Island.

Massachusetts Records, Oct. 14, 1657.

As an addition to the late order in reference to the com-
ing or bringing in any of the cursed sect of the Quakers
into this jurisdiction, it is ordered, that whosoeuer shall
from henceforth bring, or cause to be brought, directly or
indirectly any known Quaker or Quakers, or other blas-
phemous Ilereticks into this jurisdiction, euery such per-
son shall forfeit the sum of one hundred pounds to the
country, and shall by warrant from any magistrate, be
committed to prison, there to remain till the penalty be
satisfied and paid, and if any person or persons within this

MASSACHUSETTS.

jurisdiction, shall henceforth entertaine and conceal any
such Quaker or Quakers, or other blasphemous hereticks,
(knowing them so to be,) euery such person shall forfeit
to the country forty shillings for euery hour's entertain-
ment and concealment of any Quaker or Quakers as
aforesaid, and shall be committed to prison as aforesaid,
untill the forfeitures be fully satisfied and paid — and it is
further ordered, that if any Quaker or Quakers shall pre-
sume, after they have once suffered what the law requir-
eth, to come into this jurisdiction, euery such male Qua-
ker shall, for the first offence, haue one of his ears cut off
and be kept att work in the house of correction till he can
be sent away at his own charge ; and for the second of-
fence shall haue the other ear cut off &c, and kept at the
house of correction as aforesaid. And euery woman
Quaker that hath suffered the law here, that shall presume
to come into this jurisdiction, shall be seuerely whipt and
kept at the house of correction at work, till she be sent
away at her own charge, and so also for her coming again
she shall be alike used as aforesaid. And for euery Qua-
ker, he or she that shall a third time heerin ao-ain offend,
they shall haue their tongues bored through with a hot
iron and be kept at the house of correction close at work,
till they be sent away at thier own charge. And it is fur-
ther ordered, that all and euery Quaker arising from
amongst ourselues, shall be dealt with and suffer the like
punishments as the law provides against foreign Quakers.

3Iassachusctts Records, 19/7* May, 1G5S.

That Quakers and such accursed hereticks arisino-
amongst ourselues may be dealt withal according to thier
deserts, and that thier pestilent errors and practices may
speedily be preuented : It is hereby ordered, as an addition
to the former law against Quakers, that euery such person
or persons professing any of thier pernicious ways by
sneaking, writing or by meeting on the Lord's days, or at

BLUE LAWS OF

any other time, to strengthen themselues or seduce others
to thier diabolical doctrine, shall after due means of con-
viction, incur the penalty ensuing, that is, euery person so
meeting, shall pay to the country for euery time, ten shill-
ings, and euery one speaking in such meeting, shall pay
five pounds a piece, and in case of any such person hath
been punished by scourging or whipping, the first time
according to the former laws, shall be still kept at work in
the house of correction till they put in security with two
sufficient men, that they shall not any more vent thier
hateful errors nor use thier sinful practices, or else shall
depart this jurisdiction at thier own charges, and if any
of them return again, then each such person shall incur
the penalty of the laws formerly made by strangers.

Records of New Plymouth, 16-58.

It is enacted by the court and the authoritie thereof,
that no Quaker, Rantor or any such corrupt person, shal
bee admited to bee a freeman of this corporation.

It is enacted by the court and the authoritie thereof,
that all such as are opposers of the good and wholesome
lawes of this collonie; or manifest opposers of the true
worship of God, or such as refuse to doe the countrey ser-
vice, being called thereunto, shall not bee admitted free-
men of this corporation ; being duely convicted of all or
any of these.

It is enacted by the court, that all such as refuse to take
the oath of fidelitie as Quakers or such as are manifest
encorraa;ers of them, shall have noe voatin choise of pub-
lick officers in the place wher they dwell or snail bee im-
ployed in any place of trust while they contineed such.

Massacliasetts Records, Oct. 19th, 1G58.

It is ordered that the Quakers in prison at Ipswich, be
forthwith sent for. Warrant issued out accordingly and
return of the warrant made. The court convented the

MASSACHUSETTS.

said Quakers before them, and after much endeavour to
convince and reform them, ordered that Samuel Shattock,
Lawrence Southwick, his wife, Nicholas Phelps, Joshua
Bufifam and Josiah Southwick shall be enjoined, at their
peril, to depart out of this jurisdiction before the first day
of the court of election next, which if they neglect or
refuse to do, they shall be then banished, under the pain
of death, and if in the mean time they shall transgress
against the new law made this court against Quakers,
they shall be proceeded with as the said law requires.
And it is referred to the county court of Suffolk, to de-
clare this sentence to them, and thereupon to release them
out of prison.

Blassacliusctts Records, May 11, 1659.

Whereas Daniel and Provided Southwick, Son and
Daughter of Lawrence Southwick have been fined by the
county courts at Salem and Ipswich, pretending they have
no estates, resolving not to work, and others likewise have
been fined, and more like to be, fined for sideing with the
Quakers, and absenting themselves from the publick or-
dinances ; In answer to a question, what course should be
taken for the satisfaction of the fines? The court on pe-
rusal of the Law, title Arrests, Resolve, That the Treas-
urers of the several Counties are, and shall hereby be im-
powered to sell said persons to any of the English nation
at Virginia and Barbadoes.

LAWS OF MASSACHUSETTS.

Edit 1GT2.

Whereas there is a pernicious sect commonly called
Quakers, lately arisen, who by word and writing have
published and maintained many dangerous and horrid
Tenets, and do take upon them to change and alter the
received laudable customes of our Nation, in crivino- civil
2*

BLUE LAWS OF

respect to equals, or reverence to superiours, whose actions
tend to undermine the authority of civil governmental so as
to destroy the order of the churches, by denying all estab-
lished forms of worship, and by withdrawing from the or-
derly Church assemblies allowed and approved by all ortho-
dox Professors of the truth ; and instead thereof, and
opposition thereunto, frequenting private meetings of their
own, insinuating themselves into the minds of the simpler,
or such as are less affected to the order and government
of the church and common-wealth, whereby divers of our
inhabitants have been infected and seduced, notwithstand-
ing all former Laws made (upon experience of their arro-
gant bold obtrusions, to disseminate their principles
amongst us,) prohibiting their coming into this jurisdic-
tion, they have not been deterred from their impetuous
attempts to undermine our peace and hasten our ruine.
(1G58.)

For prevention thereof, this court doth order and enact,
that every person or persons of the cursed sect of the Qua-
kers, who is not an inhabitant of, but found within this
jurisdiction, shall be apprehended (without warrant where
no magistrate is at hand,) by any constable, commissioner
or selectman, and conveyed from constable to constable,
until they come before the next magistrate, who shall com-
mit the said person or persons to close prison, there to
remain without bade untill the next court of Assistants,
where they shall have a legal trial by a special jury, and
being convicted to be of the Sect of the Quakers, shall be
sentenced to banishment upon pain of Death.

And that every inhabitant of this jurisdiction, being
convicted to be of the aforesaid sect, either by taking up,
publishing and defending the horrid opinions of the Qua-
kers, or by stirring up mutiny, sedition or rebellion against
the government, or by taking up their absurd and destruc-
tive practises, viz. denying civil respect and reverence to
equals and superiors, withdrawing from our church assem-

MASSACHUSETTS.

blies, and instead thereof frequenting private meetings of
their own, in opposition to church order, or by adhering
to, or approving of any known Quakers or the tenets and
practises of the Quakers, that are opposite to the orthodox
received opinions and practises of the godly, and endeav-
oring to disaffect others to civil government and church
order ; and condemning the practise and proceedings of
this court against the Quakers, manifesting thereby com-
pliance with those whose design is to overthrow the order
established in church and commonwealth ; every such
person, upon examination and legal conviction before the
court of assistants in manner as aforesaid, shall be com-
mitted to close prison for one month, and then unless they
chuse voluntarily to depart the jurisdiction, shall give bond
for their good abbearance and appearance at the next court
of assistants, where, continuing obstinate, and refusing to
retract and reform the aforesaid opinions and practises,
shall be sentenced to banishment on the pain of Death :
and in case of the aforesaid voluntary departure, not to
remain or again to return into this jurisdiction, without
the allowance of the major part of the council first had
and published, on penalty of being banished upon pain of
death ; and any one magistrate, upon information given
him of any such person, shall cause them to be appre-
hended, and if upon examination of the case, he shall ac-
cording to his best discretion, finde just ground for such
complaint, lie shall commit such person to prison, until
he comes to his tryal as is above expressed. (1646.)

Massachusetts Records, May 11, 1659.

It is ordered that Lawrence Southwick, Cassandra his
wife, Samuel Shattock, Nicholas Phelps, Joshua Buffam,
and Josiah Southwick, hereby are sentenced according to
the order of the general court in October last to banish-
ment, to depart out of this jurisdiction by the eighth of
June next, on pain of death ; and if any of them after the

20 blue laws off

said eighth day of June next, shall be found within this
jurisdiction, they shall be apprehended by any constable
or other officer of this jurisdiction, and be committed to
close prison, there to lye till the next court of assistants,
where they shall be tryed, and being found guilty of the
breach of this law, shall be put to Death.

Plymouth Records, June 7, 1659.

For as much as many persons are greatly corrupted
with the Quaker doctrines by reading theire bookes, wri-
tings or episles, which are sent and distributed into sun-
dry places within this jurisdiction : It is therefore enacted
by the court and the authoritie thereof that in case the
constable or grand jurymen ormarshall shall find or heare
of any Quaker's bookes, epistles or writings, he shall
seize on them and present them to a magistrate or the
next court.

Plymouth Records, 1059.

It is enacted by the court, that a proposition bee made
to the Quakers that such of them as will promise andven-
gage to remove thier dwellings out of this government
within six monthes after this present court and performe
it, that noe fine be exacted of them as soe engage ; and
such as whose estates are so impoverished as they are dis-
abled to remove, they shall have som supply made them
out of the treasury to healp them.

Plymouth Records, 1G59.

Whereas some have desired and others thinke it meet
to permit some persons to frequent the Quakers' meetings,
to endeavour to reduce them from the error of thier wayes,
the court, considering the premises, doe permit John
Smith, of Barnstable, Isacke Robinson, John Chipman,
and John Cooke, of Plymouth, or any two of them, to
attend the said meetings for the ends aforesaid, att any
time hetvvixt this court and the next October court.

MASSACHUSETTS.

Massachusetts Records, October I8tli, 1G59.

It is ordered that William Robinson, Marmaduke Ste-
phenson, and Mary Dyer, Quakers, now in prison for
thiere rebellion, sedition, and presumptuous obtruding
themselves upon us, notwithstanding thiere being sen-
tenced to banishment on pain of death, as underminers of
this government, &c, shall be brought before this court
for thier trials, to surfer the penalty of the law, (the just
reward of their transgression,) on the morrow morning,
being the 19th of this instant.

William Robinson, Marmaduke Stephenson, and Mary
Dyer, banished this jurisdiction by the last court of assist-
ants, on pain of death, being committed by order of the
general court, were sent for, brought to the bar, acknowl-
edged themselves to be the persons banished ; after a full
hearing of what the prisoners could say for themselves,
it was put to the question, whether Wm. Robinson, Mar-
maduke Stephenson, and Mary Dyer, the persons now in
prison, who have been convicted for Quakers, and ban-
ished this jurisdiction on pain of death, should be put to
death according as the law provides in that case?
The court resolved this question in the affirmative.
And the Governor, in open court, declared the sentence
to William Robinson, that was brought to the bar : — Wil-
liam Robinson, you shall go from hence to the place from
whence you came, and from thence to the place of execu-
tion, and there hangi\\\ you be dead. — The like sentences,
the Governor, in open court, pronounced against Marma-
duke Stephenson and Mary Dyer, being brought to the bar,
one after another, in the same words.

Whereas William Robinson, Marmaduke Stephenson,
and Mary Dyer, are sentenced by this court to death, for
thier rebellion, &c. it is ordered, that the Secretary issue
out his warrant to Edward Mitchelson, marshal! general,
for repairing to the prison on the 27th of this instant Oc-

22 BLUE LAWS OP

tobef, and take the said William Robinson, Marmaduke
Stephenson, and Mary Dyer, into his custody ; and then
forthwith, by the aid of captain James Oliver, with one
hundred soldiers, taken out by his order, proportionably
out of each company in Boston, compleatly armed with
pike and musketeers, wiihpowder and bullett, to lead them
to the place of execution, and there see them hang till they
be dead. And in their going, and being there, and return,
to see all things bee carried peaceably and orderly. War-
rants issued out accordingly.

Same Record.

Whereas Mary Dyer is condemned by the general court
to be executed for her offences : on the petition of Wil-
liam Dyer, her son, it is ordered, that the said Mary
Dyer shall have liberty for forty-eight hours after this day,
to depart out of this jurisdiction, after which time, being
found therein, she is forthwith to be executed ; and in the
mean time that she be kept close prisoner till her son or
some other person be ready to carry her away within the
aforesaid time. And it is further ordered, that she shall
be carried to the place of execution, and there to stand
upon the gallows, with a rope about her neck, till the rest
be executed ; and then to return to the prison and remain
as aforesaid.

A Letter of "Humphrey Norton, who 'was a Quaker, and
who had smarted under the rod of pcrsicution of the
Governor of the Plymouth Patent, taken from Plymouth
Record, which ivas recorded by order of court, as fol-
loios, viz :

Tho. Prence, thou whoe hast bent thy hart to worke
wickedness, and with thy tongue hast sett forth deceite :
Thou imaginist mischief upon thy bed, and hatchest thy
hatred in thy secret chamber, the strength of darkness is
over thee, and a malicouse mouth hast thou opened against

MASSACHUSETTS.

God and his Annointed, and with thy tongue and lipps
hast thou uttered perverse thinges : thou hast slaundered
the innocent by railing, lying, and false accusations, and
with thy barbarouse hart hast thou caused theire blond to
bee shed ; thou hast through these thino-s broken and
transgressed the lawes and waies of God : and equitie is
not before thy eyes, the curse causeless cannot come upon
thee, nor the vengeance of God unjustly cannot fetch thee
up; thou makest thyselfe merry with thy cecret mallice ;
and when thou actes or exequetest it, it's in derision and
scorn ; the deadly drinke of the cup of indignation thou
cannot escape, and the griefe and cause of trauell will
not be greater than thyne. Since first I saw thee and
before, thy false and lying tongue hath been forged against
mee ; I shall not writt nor speake without ground, as thou
hast done by mee, but plainely shall present thy doings
before thy face ; as firstly, thy former warrant was forged
upon a filthy lye; and therein thou littest mee an extravi-
gant person ; thy second had healping hand in causing
mee to bee recorded for severall errors, and like a sham-
les man would neither it acknowledge nor deny ; thy third,
that John Rouse and I were inordiate fellowes, and never
in the least made it appear wherein ; thy fourth, that I
intended within two daies after the time thou spake
it, to make a preachment, as thou in thy . derision called it
thereawaies ; thy fift, thy promise that I should have the
lau, and afterwards went about to deny it ; soe that as from
thee I never had it yett; thy sixt, popish and jesuiticall
names, withal thy lying slaunders and false aspersions cast
upon us from thy clamourouse tongue ; thy seventh, acting
contrary to lav/, equitie, and justice and judgment, accor-
ding to the evill of thyne owne hart; all these are thou
guilty of, besides the denying of my paper which was
presented to thee containing parte of my grounds of my
coming; thy eight, |thy striving to dash my words backe
upon mee, and to hinder mee to speake in the people's

BLUE LAWS OF

hearing, striving what thou could to staine the truth of
God with thy enveouse tounge, all which things is charged
upon thy head, and as a peale of hailestones will pealte
upon thy hart ; thou hast perverted justice and true judg-
ment and hast defrauded the poor and needy ; thou hast
caused to defraud the righteouse owner of his goods, and
is heaping it up as upon a hill wherewith thou wilt pur-
chase to thyselfe and others a field of blood wherein to
bury your dead : John Alden is to thee like unto a pack-
horse whereupon thou layess thy beastly bagg, cursed are
all they that have a hand therein ; the cry of vengeance
will persue thee day and night for other men's goods, hard
speeches, unrieghteouse actions which thou hast done and
spoken against others and us, without and contrary to the
righteouse law ; soe shall rest upon thee as frontless upon
thy head, and as wee have suffered without law soe shalt
thou perish without law if thou repent not; the days of
thy wailing will be like unto that of a woman that mur-
thers the fruite of her wombe ; the anguish and paine that
will enter upon thy reignes will be like knawing wormes
lodging betwixt thy hart and liver ; when these things come
upon thee, and thy back bowed downe with paine, in that
day and houre thou shalt know to thy griefe that prophetts
of the Lord God wee are, and the God of vengeance is
our God.

(With care and speed) Humphrey Norton.

DECLARATION OF THE GENERAL COURT OF MASSACHUSETTS
RESPECTING THE QUAKERS.

Massachusetts Records.

The court haveing considered of the severall declara-
tions which have been presented to vindicate the justice
of this court's proceedings in reference to the Quakers,
do thankfully acknowledge themselves engaged to the gen-
tlemen that have taken paines therein ; and for the satis-

MASSACHUSETTS,

faction of such as may any way be doubtful : It is order-
ed, that the two* declarations, here underwritten, shall go
forthwith by the authority and order of the general court,
the first of them to the press to be printed, the other from
the secretary to the townes in writing.

Although the justice of our proceedings against Wil-
liam Robinson, Marmaduke Stevenson, and Mary Dyer,
supported by the authority of this court, and the laws of
the country and the laws of God, may rather persuade us
to expect encouragement and commendation from all pru-
dent and pious men, than convince us of any necessity to
apologize for the same, yet for as much as men of weaker
parts, out of pity and commiseration, (a commendable
and christian virtue, yet easily abused and susceptible of
sinister and dangerous impressions,) for want of full infor-
mation, may be less satisfied ; and men of perverse prin-
ciples may take occasion hereby to calumniate us and
render us as bloody persicutors : to satisfy the one, and
stop the mouths of the other —

We thought it to be requisite to declare, that about three
years since, divers persons professing themselves Quakers,
(of whose pernicious principles and practices we had re-
ceived intelligence from good hands,) from Barbadoes and
England arrived at Boston, whose persons were only
secured, to be sent away by the first opportunity, without
censure or punishment ; although their professed tenets,
turbulent and contentious behaviour to authority, would
have justified a severer animadversion, yet the prudence of
this court was exercised only in making provision to secure
the peace and order here established against their attempts,
whose design we were well assured by our own experience,
as well as by the example of their predecessors in Muns-
ter, was to undermine and ruin the same ; and according-
ly, a law was made and published, prohibiting all masters

* Only one declaration is recorded.
3

BLUE LAWS OF

of ships to bring any Quakers into this jurisdiction, and
themselves from coming in, on penalty of the house of
correction, till they could be sent away: notwithstanding
which, by a back doorethey found entrance, and the pen-
alty inflicted on themselves, proving insufficient to restrain
their imprudent and insolent obtrusions was increased by
the loss of the ears of those that offended the second
time ; which alsoe being too weak a defence against their
impetuous and fanatick fury, necessitated us to endeavour
our security. And upon serious consideration, after the
former experiments of their incessant assaults, a Jaw was
made that such persons should be banished on pain of
Death. According to the example of England, in their
provision against Jesuits; which sentence being regular-
ly pronounced, at the last court of assistants against the
parties above named : and they either returning or con-
tinuing presumptuously in this jurisdiction, after the time
limited, were apprehended and owning themselves to be
the persons banished, were sentenced (by this court,) to
death, according to the law aforesaid, which hath been ex-
ecuted tqwn two' of them; Mary Dyer, upon the petition of
her son, and the mercy and clemency of this court, had
liberty to depart within two days; which she hath accept-
ed of. The consideration of our gradual proceedings,
will vindicate us from the clamerous accusation of severi-
ty. Our own just and necessary defence, calling upon us,
(other measures failing,) to offer the point which these
persons have violently and wilfully rushed upon ; and
thereby are become Felons de se, which might it have been
prevented and the sovereign law, salas populi been pre-
served, our former proceedings as well as the sparing of
Mary Dyer upon an inconsiderable intercession, will man-
ifestly evince, we desired their life absent, rather than
their death present.

Many- of that sect of people, which are commonly call-
ed Quakers, having from foreign parts, and other colo-

MASSACHUSETTS.

nies, come at sundry times and in several companies and
numbers into this jurisdiction of the Massachusetts ; and
those lesser punishments of the house of correction, and
imprisonments for a time having been inflicted on some of
them ; but not suffering to deter or keep them away, but
that still they have presumed to come hither upon no other
ground or occasion, (for ought that could appeer,) but to
scatter their corrupt opinions, and to draw others to their
way, and so to make disturbance, and the honored gener-
al court having hereupon made an order and law, that such
persons should be banished and removed hence, on pain
of death, to be inflicted on such of them as after their
banishment, should presume to return and come hither
again. The making and execution of the aforesaid law,
may be cleared to be warrantable and just upon such
grounds and considerations as these, viz.

1. The doctrine of this sect of people, is distructive to
fundamental truths of religion, as the sacred trinity, the
person of Christ, and the holy scriptures as a perfect rule
of faith and life ; as Mr. Norton hath shewed in his trac-
tate against the Quakers. Yea, that one opinion of thier
being perfectly pure, and without sin, tends to overthrow
the whole gospel, and the very vitals of Christianity ; for
they that have no sin, have no need of Christ or of his
satisfaction, or his blood to cleanse them from thier sin ;
no need of faith to believe in Christ for imputed right-
eousness to justify them, as being perfectly just in them-
selves ; no repentance, as being righteous and without sin,
no need of growing in grace, nor of the word and ordi-
nances of God that they may grow thereby : for what need
they to grow better, who are already perfect — no need of
christian watchfulness against sin, who have no such ener
my as sin dwelling in them, as Paul had, but are free from
the presence and being of sin — and therefore Christ need
not to say to them, as sometimes to his deciples, watch
gild pray that ye enter not into temptation ; the spirit is.

BLUE LAWS OF

willing but the flesh is weak ; for having no such flesh or
weakness, they have no need of watchfulness ; they have
no need to purify themselves daily as all christians should,
for they are perfectly pure already; no need to put off" the
old man, and put on the new, like the christians to whom
Paul wrote his epistles ; for what need they to do this,
when they are already without sin, and so without all re-
mainder of the old man — such fundamentals of Christian-
ity are overthrown by this one opinion of thiers ; and how
much more by all thier other doctrines.

Now the commandment of God is plain, that he that
presumes to speak lies in the name of the Lord, and turn
people out of the way which the Lord hath commanded to
walk in, such an one must not live, but be put to death,
Zecha. 13: 3. Deut. 13: G, and 18: 2, and if the doc-
trine of the Quakers be not such, let the wise judge.

2. It is the commandment of the blessed God, that
christians should obey magistrates, Titus, 3: 1, and that
every soul should be subject to the higher powers. Rom.
13:1, Yea, be subject to every ordinance of man for the
Lord's sake. 1 Pet. 2: 13, and yield, honor and rever-
ence, or fear to such as are in authority, Prov. 24: 21,
1 Pet. 2: 17, and forbear all cursing and reviling and evil
speeches, touching such persons, Exod. 22 : 28. Eccles. 8 :
2. Tit. 5: 2. Acts 23: 5. And accordingly good men have
been wont to behave themselves with gestures, and speech-
es of reverence and bonour towards superiours in place and
power, as Abraham bowed down himself to the Hittites,
Gen. 23 : 7, 12. Jacob and his wives and his children unto
Esau, Gen. 33 : 3, G, 7. Joseph's brethren unto Joseph,
being Governor of Egypt, Gen. 42 : G, and 43: 26, 28.
Joseph to his father Jacob, Gen. 48 : 12. Moses to his
father-in-law Jethro, Exod. 18 : 7. Ruth to Boaz, Ruth,
2: 10. David to Saul, 1 Sam. 24: G. Abigail, Bath-
sheba, and the prophet Nathan to king David, 1 Sam.
25 : 23. 1 Kings 1:16, 23, 31, with others that might be

MASSACHUSETTS.

added : and for reviling and contemptuous speeches, they
have been so far therefrom, that they have spoken to and
of their superiors with terms and expressions of much
honour and reverence as father, 1 Sam. 19 : 3. 1 Kings,
19: 20, and 2: 2,12. Master, 2 Kings, 6 : 15. 1 Sam.
24: 6. Geo. 33: 13, 14. 1 Pet. 3:6. My Lord, 1
Sam. 24: 8. Gen. 44: 18, 19,20. 1 Sam. 1: 15, 26.
Most nobie Festus, Acts 26 : 25. Most excellent Theop-
ilus, Luke 1 : 3, and the like. That servant of Abraham,
Gen. 24, doth call Abraham by the term and title of mas-
ter, a matter of twenty times, or not much less in that
one chapter, and on the contrary, it is noted as a brand,
and of false teachers, that they dispise dominion, and are
not afraid to speak evil of digneties, 2 Peter 2: 10. Jude
8. Though the very angels would not do so unto the
devil, 2 Pet. 2 : 11. Jude 9. Now, it is well known that
the practice of the Quakers is too like these false teachers
whome the apostles speak of and that they are far from giv-
ing that honour and reverence to magistrates which the
Lord requireth, and good men have given to them, but on
the contrary, shew contempt against them in their very out-
ward gestures and behavior, and some of them at hart,
spare not to belch out railing and cursing speeches ; witness
that odious cursing letter of Humphrey Norton: and if so,
if Abishai may judge; they are worthy to dy ; for so he
thought of Shimei, for his contemptuous carriage and curs-
ing speeches against David, 2 Sam. 16:9, and 19 and 21.
And though David at that time did forbear putting him to
death, he gave charge to Solomon, that this Shimei having
cursed him with such a grevious curse, he should not hold
him guiltless, but bring down his hoary head to the grave
with blood. 1 Kings 2 : 8, 9. According to which direc-
tion, King Solomon caused him to be put to death. Verses
44, 46.

3. Also in this story of Solomon and Shimei, it is recor-
ded (1 Kings 2,) how Solomon confined Shimei to Jerusalem,

BLUE LAWS OP

charging him upon pain of death not to go out thence, and
telling him, if he did, he should dy for it ; which confine-
ment when Shimei had broken, though it were three years
after, and upon an occasion that might seem to have some
weight in it, viz. To fetch again his servants that were
run away from him, yet for all this, the confinement being
broken, Solomon would not spare him, but put him to death j
and if execution of death be lawful for breach of confine*
ment, may not the same be said for breach of banishment :
confinement of the two may seem to be much straighter,
because in this a man is limited to one place and debarred
from all others ; whereas in banishment a man is debarred
from no place but one, all others being left to his liberty;
the one debars him from all places save that it gives liberty
to one, the other gives liberty to all places save that it re-
strains from one, and therefore if death may be justly inflic-
ted for breach of confinement, much more for return upon
banishment, which is these Quakers case.

4. There is no man that is possessed of house or land,
wherin he hath just title and propriety as his own, but he
would count it unreasonably injurious that another who had
no authority thereto should intrude and enter into his house
without his, the owners consent ; yea, and when the owner
doth expressly prohibit and forbid the same; we say, when
the man that so presumes to enter, hath no authority thereto:
For if it were a constable or other officer legally authorized,
such an one might enter notwithstanding the householder dis-
sent or charge to the contrary; but for them that have no au-
thority the case is otherwise, and if such one should presume
to enter into another mans house and habitation, he might
justly be impleaded as a thief or an usurper, and if in case
of such violent assault the owners, Lc dcfcndcndo, should
slay the assailant and intruder, his blood would be upon
his own head ; and if private persons may in such case shed
the blood of such intruders, may not the like be granted to
them that are the publick keepers and guardians of the Com-

MASSACHUSETTS.

monwealth 1 Have not they as much power to take away the
lives of such as contrary to prohibition shall invade and in-
trude into their publick possessions or Territories, as private
and particular persons to deal so with them that without au-
thority shall presume to enter into their private and particu-
lar habitations ! which seems clearly to be the present case ;
for who can believe that Quakers are constables over this
polony to intrude themselves, invade and enter whether the
colony will or no, yea, notwithstanding their express prohi-
bition to the contrary? If in such violent and bold at-
tempts they lose their lives they may thank themselves as
the blameable cause and Authors of their own death.

5. Who can make question, but that a man that hath
children and family, both justly may and in duty ought to
preserve them of his charge, (as far as he is able) from the
dangerous company of persons inflicted with the plague or
pestilence, or other contagious, nosome and mortal diseases,
and if such persons should offer to intrude into the mans
house amongst his children and servants, notwithstanding
his prohibition and warning to the contrary, and thereby
shall endanger the health and lives of them of the family,
can any man doubt but that in such case, the Father of the
family in defence of himself, may withstand the intrusion of
such infected and dangerous persons, and if otherwise he
cannot keep them out may kill them? — Now in Scripture,
corruption in mind or judgment is counted a great infection
or defilement, yea, and one of the greatest; for the apostle
saying of some men ; that to them there is nothing pure,
gives this as the reason of it, because even their mind con-
science is defiled, Titus 1: 15, as if defilement of mind did
argue the defilement of all ; and that in such case there was
nothing pure, even as when leprosy was in the head, the
Priest must pronounce such a man utterly unclean sith the
plague was in his head, Levit. 13, 44. And it is the Lords
command that such corrupt persons be not received into
house, 2 John 10, which plainly enough implies that the

33 BLUE LAWS or

householder hath power to keep them out, and that it was
not in their power to come in, if they pleased whether the
householder would or no — And if the Father of a particular
Family may thus defend his children and household, may not
magistrates do the like for their subjects, they being nur-
sing Fathers and nursing Mothers, by the account of God
in holy scripture, Isai. 49: 23. Is it not clear that if the
Father in the family must keep them out of his house, the
Father of the commonwealth, must keep them out of his Ju-
risdiction, and if sheep and lambs cannot be preserved from
the danger of the wolves, and the wolves will break in
amongst them, it is easy to see what the Shepherd or keep-
er of the sheep may lawfully do in such a case.

6. It was the command of the Lord Jesus Christ to his
disciples, that when they were persecuted in one city, that
they should flee into another, Mat. 10: 23. And according-
ly it was his own practice so to do many a time, both when
he was a child and afterwards, Mat. 2: 13, 14, 12: 15, John
7: 1, and 8, last and 10: 39, and so was also the practice of
the saints, witness what was written of Jacob, Gen. 27: 42,
43, and 28: 5, of Moses, Exod. 2: 14, 15, of Elias, 1 Kings,
19: 3.— of Paul, Acts 9: 24, 25,29, 39, and 17: 13, 14, and
of the apostle, Acts 14: 4, 5, and others who when they
have been persecuted have fled away for their own safety,
and Reason requires that when men have liberty to it they
should not refuse so to do, because otherwise they will be
guilty of tempting God and of incurring their own hurt, as
having a fair way open for the avoiding thereof, but they
needlessly expose themselves thereto.

If therefore that which is done against Quakers in this
Jurisdiction were indeed persecution, as they account of it,
though in truth it is not so, but the due ministration of Jus-
tice, but suppose it were as they think it to be, what spirit
may they be thought to be acted or led by, who are in their
actings so contrary to the commandment and example of
Christ and of his saints in the case of persecution, which

MASSACHUSETTS.

these men suppose to be their case; plain enough it is, if
their case were the same, their actings were not the same,
but quite contrary, so that Christ and his Saints were led by
one Spirit and these people by another, for rather than they
would not shew their contempt of authority and make dis-
turbance amongst his people, they choose to go contrary to
the express directions of Jesus Christ and the approved Ex-
amples of his Saints, altho it be to the Hazard and Peril of
their own Lives.

Plymouth Records, June 10, 1CG0.

Whereas by a former order of court, all persons were
required to give notice to the constables of theire severall
precincts of all such persons as were knowne to be foraigne
Quakers, now this present court doth enacte that it shall
bee lawfull for any inhabitant within this Jurisdiction upon
theire knowledge, and having oppertunitie to use all en-
deavours to apprehend all such Quakers, and to deliver
them to the Constables, or bring them before the Governor,
or some one of the Magistrates.

Whereas we find that of late time, the Quakers have bine
furnished with horses, and thereby they have not only the
more speedy passage from place to place to the poisoning of
the inhabitants with theire cursed tenetts, but alsoe thereby
have escaped the hands of the Officers, that might otherwise
have apprehended them. It is therefore enacted by the
court and the Authoritie thereof, that if any person or per-
sons whatsoever in this Government, doth, or shall furnish
any of them with horse or horse kind, the same to bee for-
fited and seized on for the use of this government ; or any
horses that they shall bring into the government, or shall be
brought in for them, and they make use of, shalbee forfeit-
ed as aforesaid : and that it shall be lawfull for any Inhabit-
ant to make seizure of any such horse and to deliver him
to the Constable or the Treasurer for the use of the coun-
try.

BLUE LAWS OF

It is enacted by the court, that any one that shall bring
in any Quaker or Rantor by land or water into this govern-
ment, viz., by being a guide to them, or any otherwise shal
bee fined to the use of the government, the sume of ten
pounds for every such default.

Plymouth Records^ 1660.

It is enacted by the Court and the authoritie thereof, that
if any person or persons commonly called Quakers, or
other such like vagabonds shall come into any towne of this
government, the Marshall or constable shall apprehend him
or them, and upon examination, soe appearing, hee shall
whip them, or cause them to bee whipt with rodds : soe it
exceede not fifteen stripes, and to give him or them a passe
to depart the Government, and any such person or persons
bee found within the Government without theire passe, or
not acting according thereunto, they shal bee punished
again as formerly ; and in case any constable of this Juris-
diction shal bee unwilling, or cannot procure any to inflict
the punishment aforesaid, that then they shall bringe such
persons to Plymouth to the under Marshall, and he shall
inflict it.

It is enacted by the court and the Authoritie thereof, that
henceforth, noe person or persons shall permit any meet-
inges of the Quakers to bee in his house or houseing, on
the penaltie of being sumoned to the General Court, and
there being convicted thereof, shalbee publickly whipt, or
pay five pounds to the Collonies use.

Whereas there is a constant monthly meeting together of
the Quakers from divers places in great numbers, which is
verry offensive, and may prove greatly prejuditiall to this
Government, and in as much as the most constant place for
such meetinges is att Duxburrow : This court have de-
sired and appointed Mr. Constant Southworth, and Will-
iam Payboddy to repaire to such theire meetings, together
with the Marshall or Constable of the towne, and to use

MASSACHUSETTS.

theiie endeavours, by argument and discourse, to convince
or hinder them ; and in case the place of theire meeting
should bee changed, the court desires the above named, or
any other meet persons to attend them there alsoe.

Massachusetts Records, 16 Oct., 1GG0.

For explanation of the lav/ or laws referring to the man-
ner of trial of such persons as are found in this jurisdiction
after banishment on pain of death.

This court doth judge meet to declare, that when any
person or persons banished upon pain of death, shall after
the expiration of their time limitted for departure, be found
within the limits of this Jurisdiction, all Magistrates, com-
missioners, constables and other officers of this jurisdiction
do use their best endeavours for their apprehending and
conveying to safe custody, and being there secured : such
person or persons shall at the next court of assistants,
whether in ordinary or especially called, ng to the

direction of law for calling such courts, have a legal trial
by a jury of twelve men ; and being found by evidence, or
their own confession, to be the person or persons formerly
sentenced to banishment on pain of death, shall according-
ly be sentenced to Death and executed, by warrant from the
Governor, or Deputy Governor, directed to the Marshall
Generall ; unless he or they be regularly reprieved in the
meantime.

Massachusetts Records.

This court being desirous to try all means, with as much
lenity as may consist with our safety, to prevent the intrusions
of the Quakers, who, besides their absurd and blasphem-
ous doctrines, do like Rogues and vagabonds come in upon
us, and have not been restrained by the laws already pro-
vided :

Have ordered that every such vagabond Quaker, found
within any part of this Jurisdiction, shall be apprehended

BLUE LAWS OP

by any person or persons, or by the constable of the tovvne
wherein he or she is taken, and by the constable, or in his
absence, by any other person or persons, conveyed before
the next magistrate of that Shire wherein they are taken,
or Commissioner invested with Magistratical power : and
being by the said magistrate or magistrates, commissioner
or commissioners adjudged to be a wandering Quaker, viz.
one that hath not any dwelling, or orderly allowance as an
inhabitant of this Jurisdiction, and not giving civil respect
by the usual gestures thereof, or by any other way or means
manifesting himself to be a Quaker, shall by warrant under
the hand of the said magistrate or magistrates, commission-
er or commissioners, directed to the Constable of the towne
wherein he or shee is taken, or in absence of the constables,
to any other meet person, be stripped naked from the mid-
dle upwards, and tyed to a cart's tail, and whipped through
the town, and from thence, immediately conveyed to the
constable of the next town towards the border of our juris-
diction as the warrant shall direct, and so from constable to
constable, till they be conveyed through any the outward-
most towns of our Jurisdiction.

And if such vagabond Quaker shall return again, then
to be in like manner apprehended, and conveyed as often as
they shall be found within the limits of our Jurisdiction :
provided every such wandering Quaker, having been thrice
committed and sent away as above said, and returning again
into this jurisdiction, shall be apprehended, and committed
by any magistrate or commissioner as above said, unto the
house of correction, within that county wherein he or she is
found, until the next court of that county ; where, if the
court judge not meet to release them, they shall be branded
with the letter R on their left shoulder, and be severely
whipt, and sent away in manner as above.

And if after this, he or shee shall return again ; then to
be proceeded against as incorrigible Rogues and enemies to
the common peace, and shall immediately be apprehended

MASSACHUSETTS.

and committed to the common goal of the country, and at
the next court of Assistants, shall be brought to theire tryal,
and proceeded against according to the Law made Anno
1658 — for their banishment on pain of Death.

And for such Quakers as shall arise from amongst our-
selves, they shall be proceeded against as a former law of
Anno 1858.

Massachusetts Records, passed 22 May, 1661.

It is ordered that all the Quakers now in prison be ac-
quainted with the new Law made against them, and forth-
with released from prison, and sent from constable to con-
stable, out of this Jurisdiction ; and if they or any of them
be found after twelve hours within the same, he or they shall
be proceeded with according to the law made this present
court, Peter Pierson and Judah Brown* excepted, persons
condemned to be whipt in the prison, only with twenty
stripes apiece.

MANDAMUS TO THE GOVERNMENT OF NEW ENGLAND.

Lowell's History of the Quakers.

Charles R.

Trusty and well beloved, wee greet you well. Having
been informed that several of our subjects amongst you,
called Quakers, have been, and are imprisoned by you,

* Note. These persons being indicted stood mute ; and the court or-
dered, "that they shall by the constable of Boston be forthwith taken
out of the prison and striped from the girdle upwards, by the execution-
er, and tied to the cart's tail, and whiped thtough the town with twenty
stripes and then carried to Roxbuvy and delivered to the constable there,
who is also to ty them, or cause them in like manner to be tied to a cart's
tail, and again whip them through the town with ten stripes ; and then
carried to Dedham, and delivered to the constable there who is again in
like manner to cause them to be tied to the cart's tail, and whipt with ten
stripes through the town, and from thence they are immediately to depart
this jurisdiction at their peril." — Hazard's Historical Collections,
4

BLUE LAWS OP

whereof some of them have been executed, and others (as
hath been represented unto us) are in danger to undergo
the like ; We have thought fitt to signifie our pleasure in
that behalf for the future ; and do hereby require, that if
there be any of those people called Quakers amongst you,
now already condemned to suffer death, ox other corporal pun-
ishment, or that are imprisoned, and obnoxious to the like
condemnation, you are to forbear to proceed any farther
therein ; but that you forthwith send the said persons
(whether condemned or imprisoned,) over into this our
Kingdom of England ; to gather the respective crimes or
offences laid to their charge ; to the end that such course
may be taken with them here as shall be agreeable to our
Laws, and their demerits ; and for so doing, these our letters
shall be your sufficient warrant and discharge.

Given at our court at Whitehall, the 9th day of Septem-
ber, 1661, in the 13th year of our reign.
By his Majesty's command,

William Morris.

The superscription to the last icas as folloivs :

To our Trusty and well beloved John Endicott, Esq., and
to all and every other the Governor or Governors of our
plantations of New England, and all the colonies thereunto
belonging, that now are, or hereafter shalbee ; and to all
and every the Ministers and Officers of our said plantations
and Colonies whatsoever, within the Continent of New
England.

Massachusetts Records, passed 27th 9th month, 1661.

At this court, a letter from the King's Majesty was read
in court, bearing date the 9th day of September last, in the
thirteenth year of his Majesty's Reign, in and by which his
Majesty's pleasure in relation to the people called Quakers
was signified, and

After the court's due perusal and consideration thereof,

MASSACHUSETTS. 39

fhey proceeded to declare the just and necessary rules of
our government and condition for preservation of religion,
order, and peace, hath induced the authority here established
from time to time, to make and sharpen laws against Qua-
kers, in reference to their restless intrusions and impetuous
disturbances, and not any propensity or any inclination in
us to punish them in person or estate, as is evident by our
gradual proceedings with them, releasing some condemned,
and others liable to condemnation, and all imprisoned were
released and sent out of our borders ; ail which notwith-
standing, their restless spirits have moved some of them to
return and others to fill the Royal ear of our sovereign lord,
the King, with complaints against us, and have by their un-
wearied sollicitations in our absence, so far prevailed as to
obtain a letter from his Majesty to forbear their corporal
punishment or death ; although we hope and doubt not but
that if his Majesty were rightly informed, he would be far
from giving them such favour, or weakening his authority
here, so long and orderly settled; Yet that we may not in
the least offend his Majesty : This court doth hereby order
and declare that the execution of the laws in force against
Quakers as such, so far as they respect corporal punish-
ment or death, be suspended until this court take further
order.

Massachusetts Record,

This court heretofore, for some reasons induceing, did
judge meet to suspend the execution of the laws against
Quakers as such, so far as they respect corporal punish-
ment or death, during the court's pleasure. Now for as
much as new complaints are made to this court, of such
persons abounding, especially in the eastern parts, endeav-
ouring to draw others to that wicked opinion ; it is therefore
ordered, that the last law, tit. vagabond Quakers, May,
1661, be henceforth in force in all respects; Provided that
their whipping be but through three towns ; and the magis-

40 BLUE LAWS OF

trates or commissioners signing such warrant, shall appoint
both the towns, and number of stripes in each town to be
given.

In Massachusetts Records, "December 19th, 1G60, will
be found an address by Massachusetts colonists to King
Charles II. and Parliament, asking favors and showing their
grievances, from which the following, relating to Quakers,
is extracted, viz :

Concerning the Quakers, open and capital Blasphemers,
open Seducers from the glorious Trinity, the Lord's Christ,
our Lord Jesus Christ, &c, the blessed Gospel, and from
the holy Scriptures as the Rule of Life, open Enemies to gov-
ernment itself as established in the hands of any but men
of their own principles, malignant and assiduous promoters
of Doctrines directly tending to subvert both our Churches
and State— after all other means for a long time used in
vain, we were at last constrained for our own safety to pass
a sentence of banishment against them, upon pain of Death ;
such was their dangerous, impetuous, and desperate turbu-
lence/, both to Religion and the estate civil and ecclesiastical,
as that how unwillingly soever, could it have been avoided,
the magistrate at last, in conscience both to God and man,
iudcred^himself called, for the Defence of all, to keep the
passage with the Point of the sword held towards them.
This could do no harm to him that would be warned there-
by ; their wittingly rushing themselves thereupon was their
own act, and we with all Humility conceive a crime, bring-
ing their Blood upon their own Head.

The Quakers died not because of their other crimes,
how capital socuer, but upon their superadded presumptuous
and incorrigible contempt of Authority, breaking in upon
us notwithstanding their sentence of Banishment made known
to them: had they not been restrained, so far as appeared,
there was too much cause to fear that ive ourselues must
haue died, or worse; and such was their Insolency, that they

MASSACHUSETTS. 41

would not be restrained but by Death : Nay, bad they at last
but promised to depart the jurisdiction, and not to return
without leave from Authority, we should hav e been glad of
such an oppertunity to have said They should not dye.

Let not the King hear Men's words ; your servants are
true men, Fearers of God and of the King, not given to
change, Zealous of government and order, orthodox and
peaceable in Israel ; we are not seditious as to the interest
of Caesar, nor schismaticks as to the matters of religion : We
distinguish between churches and their Impurities, between
a living man, though not without sickness or Infirmity, or
no man ; Irregularities, either in oursehtcs or others, we de-
sire to be amended. We could not live without the publick
worship of God. We were not permitted the use of pub-
lick worship without such a yoke of subscription and con-
formity as we could consent unto without sin : that we
might therefore enjoy divine worship without the human
Mixtures, without offence either to God, man, or ourselues,
who came away in our strength, are by reason of verry
long absence, many of us become grey-headed, and some of
us stooping for age.

EXTRACTS FROM THE EARLY LAWS OF THE COLONY OF
NEW PLYMOUTH.

" It was agreed upon by the whole court held the 6th of
January 1G27, that from hence forward no dwelling house
was to be covered with any kind of thatche, as straw, reed,
&c. but with either board or pale and the like to wit of all
that were to be new built in the town.

January 1632 — It was now enacted by public consent of
the freemen of this society of New Plymouth, that if now or
hereafter any were elected to the office of Governor, and
would not stand to the election, nor hold and execute the
office for his year, that then he be amerced in twenty pounds
sterling fine; and in case refused to be paid upon the law-
4*

BLUE LAWS OV

ful demand of the ensuing Governor, then to be levied out
of the goods or chatties of the said person so refusing.

It was further ordered and decreed that if any were elec-
ted to the office of councell and refused to hold the place,
that then he be amerced in ten pounds sterling fine, and in
case refused to be paid to be forthwith levied.

It was further decreed and enacted that in case one and
the same person should be elected governor a second year,
having held the place the foregoing year it should be lawful
for him to refuse without any amercement. And the com-
pany to proceed to a new election except they can prevail
with him by entreaty.

July 1, 1633. That the person in whose house any were
found, or suffered to drincke drunck, be left to the arbitrary
fine and punishment of the Governor and Councell accord-
ing to the nature and circumstances of the same.

That none be suffered to retale wine or strong water, or
suffer the same to be druncke in their houses, except it be at
some inne or victualing house, and there only to strangers
at their first coming, not exceeding the value of two pence
a person; and that no beer be sold in any such place to
exceed two pence the Winchester quart.

That no man keep more swine than can be kept to lie
ordinarily about their own houses. And if they drive them
from home, to drive and keep them in such places where no
detrim't may come to any thereby.

163G. That none be allowed to be house keepers or build
any cottages till such time as they be allowed and approved
by the governor and councill.

That none be allowed to marry, that are under the covert
of parents, but by their consent and approbacon. But in
case consent cannot be had, then it shall be with the consent
of the Governor or some assistant to whom the persons are
known, whose care it shall be to see the marriage be fitt be-
fore it be allowed by him. And after approbation be three

MASSACHUSETTS. 43

several! times published before the solemnising of it. Or
else in places where there is no such meetings, that contracts
or agreements of marriage may be published, that then it
shall be lawful to publish them by a writing thereof made
and set upon the usual publicke place for the space of (if-
teen days, provided that the writing be under some majes-
trats hand or by his order.

That the children and serv'ts of such as dweel ncer any-
victualling house be not entertayned or suffered by the Mr.
of the said house there to drinke and spend their time; but
if any such thing can be proved, it be esteemed a misde-
meanor punishable in said victualler, and to be enquired into.

It is concluded upon by the Court, that three pieces shott
of distinctly one after an other shall be an allarrum. And
two pceces to give warning of some house on fier.

It is concluded upon by the Court, that Mr. John Jen-
ney shall have liberty to erect a milne for grinding and bea-
ting of come upon the brooke of Plymouth, to "be to him
and his heirs forever ; and shall have a pottle of come toule
upon every bushell, for grinding the same for the space
of the two first years, next after the said milne is erected,
and afterwards but a quart at a bushell for all that is brought
to the milne for others, but if he fetch it and grind it him-
selfe or by his servants, then to have a pottle'toule for ev-
ery bushell as before.

It is enacted by the Court that there shall be a watch of
foure men hyred to keepe watch at New Plymouth, at the
publicke charge, for the safety of the person of the Govern-
or. And the town of New Plymouth to add more men un-
to them to strengthen them as neede shall require.

1(537.— It is ordered by the Court, that there shall be a
guard of twelve musketiers to attend the p'son of the Gov'-
nor on the Lord's day, and at other times when it shall bi
required.

1 {

BUTE LAWS OF

— Whereas clivers persons unfit for marriage, both
in regard of their yeong yeares, as also in regard of their
weake estate, some practiseing the inveagleing of men's
daughters and maids under gardians, contrary to their pa-
rents and gardians likeing, and of mayde servants, without
leave and likeing of their masters: It is therefore enacted by
the Court, that if any shall make any motion of marriage to
any man's daughter or mayde servant, not having first ob-
tayned leave and consent of the parents or master so to doe,
shall be punished either by fine or corporall punishment, or
both, at the discretions of the bench, and according to the
nature of the offence.

It is also enacted, that if a motion of marriage be duly
made to the master, and through any sinister end or cove-
tous desire, he will not consent thereunto, then the cause to
be made known unto the magistrates, and they to set down
such order therein as upon examinacon of the case shall ap-
pear to be most equall on both sides.

It is enacted by the court that according to the former
acts of this court concerning labourers wages, that a labour-
er shall have I2d a day and his dyett, or I8d a day with-
out, dyett, and not above throught the Govern't.

|G 9. — That whosoever shall prophanely sweare or curse
by the name of God or any of his titles, attributes, word or
works, upon proofe thereof made by sufficient testimony or
confession of the party, he shall pay for every such default
Xllr/, or be set in the stocks, so that it exceed not the space
of three houers, or putt in prison according to the nature and
quality of the person.

1040. — That if any persons take tobacco whilst they are
empannellcd upon a June, to forfeit five shillings for every
default, except they have given up their verdict, or are not to
give yt until the next day or dep't, the court by consent.

1041. — It is enacted that every township within this gov-

MASSACHUSETTS.

ernment, do carry a competent number of peeces fix'd and
compleate with powder, shott, and swords, every Lord's day
to the meetings — one of a house from the first of September
to the middle of November, except their be some just and
lawful! impedyment.

1642. — That all Smyths within the government be com-
pelled to amend and repaire all defective annes, brought
unto them, speedily, and to take corn for their pay at reason-
able rates ; and the Smyth refusing, to answer it at his p'll.

It is enacted by the court, that all milners within this
Govern' t shall provide and keepe weights and scales in their
millnes to weigh mens corne withall.

1643. — The guns and peeces allowed for service are
these, vizt. musketts, firelocks, and match cocks so that they
have foure fathome of match at all tymes for every match-
cock, caliver, carbines, andfouleing peeces, so that they be
not above foure foote and a half long, and not under bastard
muskett or caliver bore.

1644. — It is enacted, that there shall be allowed at the
generall charges, a gaurd of two halberts for the safety of
the Governors person at the generall court.

1646. — It is enacted by the court, that none do keepe
victualling or an ordinary or draw Wyne by retayle, within
this Government, but such as are allowed by the generall
court, and that if any victualler or ordinary keeper do either
drink drunck himself, or suffer any person to be druncken
in his house, they shall pay five shillings a peece, and if the
victualler or ordinary keeper do suffer any townsmen to stay
drinking in his house above an hour at one tyme, the vict-
ualler or ordinary keeper shall pay for every such default
XIW and by drunckennesse is understood, a person that ei-
ther lisp or faulters in his speech by reason of much drink,
or that staggers in his going, or that vomitis by reason of

BLTJE LAWS OP

excessive drinking, or cannot follow his calling. The per-
son or persons that shall be found guilty in these or any of
them, shall for the first default pay five shillings, and for the
second default tenn shillings to the colonies use, and for
the third tyme he shall be found faulty, to be bound to the
good behaviour. And if he or they cannot or will not pay
the fine or fines, then to be sett in the stocks, &c.

Whereas there is great abuse in taking of tobacco in ver-
ry uncivil manner in tire streets and dangerously in out-
houses, as Barnes, stalls about haystacks, corne stacks and
other such places, it is therefore enacted by this courtc,
that if any person or persons shall be founde or seene here-
after taking Tobacco publickly in the open streets of any
Towne, (unless it be soldiers in time of their trayninge) or
in and abouts Barnes, Stoules, hay stacks,, corne stacks,
hay yeards, or other such places or outhouses, that every
suah person or persons so ofFendinge,, shall forfeit and pay
to the Townes use, for the first default XIlcl, for the second
lis, and soe for every such default afterwards Us, and it
shall be lawful and by this act warrantable for the constable
of every township, without further warrant, upon sight or
information thereof, to distraine his or their goods for it as
doe refuse to pay it upon his demand, and to be accounta-
ble to the Treasurer of what he receives yearly at the Elec-
con Corte.

165:2. — -Ordered by the Court, that whereas in regard of
age or disabillitie of bodie, urgent occations and other in-
oonveniencies that do accrew, sundrey of the freemen are
hindered that they cannot appear att courts of election in
consideration whereof, it is ordered and enacted by the
court, that any freemen of this corporacon, shall have liber-.
tie to send bis vote by proxey for the choise of Governor,
Assistants, Commissioners, and Treasurer.

1657. — It is ordered by the court, that in case any shall
bring in any Quaker, Rantor or other notoriouse heritiques,

MASSACHUSETTS.

either by land or water into any p'te of this government,
shall forthwith upon order from any one magistrate, returne
them to the place from whence they came, or clear the gov*-
ment of them on the penaltie of paying a fine of twenty
shillynges for every weeke that they shall stay in the Gov-
ernment after warninge.

1658. — The chiefe marshall is allowed twenty make p,
annum for his wages, besides his ordinary fees allowed by
the court.

The Fees of the Chief Marshall allowed ly the court.

£. s. el.

It. for serving of an Execution, - - 00 5 00
It. for his journey about it, %d p. mile, - 00 00 00
It. for serving an attachment, - - 00 2 6
It. for a comitment, - - - - 00 2 6
It. for imprisonment, 2s. 6d. per day, - 00 00 00
It. for every action that is entered, - - 00 00 6
It. the one halfe of all fines not exceeding 00 0 00

It is enacted by the court, that the chiefe marshall shall
have two shillings in the pound for gathering of fines, &,c.
if they bee not brought in by the p'ties themselves.

The under marshall is allowed twenty nobles p. annum,
besides his fees allowed by the court.

It is enacted by the court, that the public officers1 wages
shalbee paid in corn.

Enacted, that every tovvne that that shalbee defective in
the want of a drum att any time for the space of two monthes,
shall forfeit the sume of forty shillings to the collonies' use ;
that shalbe defective in Coulbers the space of six monthes,
four pounds.

1659. — It is enacted by the court, that every cunstable of
this jurisdiction, shall have a cunstable staffe, whereby to
distinguish them in their office from others, and to bee pro-

BLUE LAWS OF

vided by the treasurer, and to bee delivered by the foregoing
cunstable to him that succeeds yearly.

For as much as many p'sons are greatly corrupted with
the Quakers' doctrines, by reading theire bookes, writings,
or epistles, which are sent and distributed into sundry places
within this jurisdiction, it is therefore enacted by the court
and the authoritie thereof, that encase the cunstable or
grandjurymen or marshal! shall fmde or heare of any Qua-
kers' bookes, epistles, or writings, hee shall seize on them
and pr'sent them to a magistrate or the next court.

1661. — It is enacted by the court and the authoritie
thereof, that henceforth no p'son or p'sons shall p'mit any
meetings of the Quakers to bee in his house or housing, on
the penaltie of being sumoned to the generall court, and
there being convicted thereof, shalbe publicly whipt or pay
a five pounds to the collonies use.

1662. — The court proposeth it as a thing they judge
would be very comendable and beneficiall to the townes
where God's providence shall cast any whales, if they
should agree to sett apart some p'te of every such fish or
oyle for the incouragement of an able and godly minister
amongst them.

1685. — Whereas complaint is made unto the court of
great abuse in sundry townes of this jurisdiction, by p'sons
theire behaving themselves, prophanely, by being without
dores att the meeting house on the Lord's daies, in time of
exercise, and there misdemeaning themselves by jesting,
sleeping, or the like ; it is enacted by the court, and hereby
ordered, that the constables of each township of this juris-
diction, shall in their respective townes, take speciall notice
of such p'sons and to admonish them, and if notwithstand-
ing they shall p'sist on in such practices, thatt hee shall sett
them in the stockes, and incase this will not reclaim them,
that they retumc theire names to the court.

MASSACHUSETTS.

16(jS. — It is enacted by the court, that all the Kinge'3
highwayes within this gov'ment shalbe forty foot in breadth
at the least.

1689. — It is enacted by the court, that all such lycenced
ordinaries shall not suffer prophane singing, daunceing, or
revelling in theire houses, on the penaltie of ten shillings
for every default, and that all ordinary keepers be ordered
to keep good beer in their houses to sell by retaile, and that
some one in every towne bee appointed to see that the beer
they sell be suitable to the prise they sell it for.

Whereas great inconvenience hath arisen by single p'sons
in this collonie being for themselves, and not betaking
themselves to live in well governed families, it is enacted
by the court, that henceforth noe single p'sons be suffered
to live of himself or in any family, but as the Celect men of
the towne shall approve of, and if any p'son or p'sons shall
refuse or neglect to attend such order as shalbe given them
by the Celect men, that such p'son or p'sons shalbe sumoned
to the court to be proceeded with as the matter shall re-
quire.

It is enacted by the court, that any p'son or p'sons that
shalbe found smoaking Tobacco on the Lord's day, going
too or coming from the meetings, within two miles of the
meeting house, shall pay twelve pence for every such default
to the collonie's use.

For the prevention of the prophanation of the Lord's
day, it is enacted by the court and the authoritie thereof,
that the Celect men of the severall townes of this jurisdic-
tion, or any one of them, may or shall as there may be occa-
sion, take with him the cunstable or his deputie, and repaire
to any house or place where they may suspect that any
slothfully doe lurke att horn or gelt together in companic
to neglect the publicke worship of God, or prophane the
Lord's day, and rinding any such disorder, shall returne the
5

50 BLUE LAWS OF

names of the p'sons to the next court, and give notice alsoe
of any prticular miscarriage that they have taken notice
of, that it may be enquired intoe.

1671. — It is enacted by the court, that noe rum shalbe
sold in this gov'ment to exceed in prise above five shillings
a gallon, or if retailed, towo pence a gill.

1G73. — It is enacted by the court, that on the sixt day of
the weeke, in October court and July court, and att noe
other courts or other dayes in those weekes, shall Indian
business be attended by the court to the prejudice of the
other occations of the court and countrey.

1075. — It is ordered by the court, that foure halberteers
be in a reddiness to attend the Gov'r and assistants on
days of Election ycerly, and two after the Election is over,
all the time which that court contineweth.

It is ordered by the court, that whosoever shall shoot of
any gun on any unnessesarie occation, or att any game what-
sover, except att an Indian or a woolfe, shall forfeite five
shillings for every such shott, till further libertie shalbe
given.

Kill. — Whereas by frequent and sad experience, great
disorder acrews by the great concourse of Indians unto Ply-
mouth in court times, in that very oftens they drinke them-
selves drunke, whereby God is much dishonored and sober
minded men offended ; it is ordered by the court, that all
Indians be prohibited from appeering att Plymouth in court
times, except upon speciall occations, without order from
some one of the magistrates of this Jurisdiction, or a Celect
man, on paine of the payment of a fine of five shillings for
any that shall appeer without a certifycate as aforesaid, or
be publicly whipt.

It is enacted by the court, that all such p'sons in this
gov'ir.ent who have served under comission in the late W;;rr

MASSACHUSETTS.

against the natives, shall not be compellable to serve in the
Milletary company in any lower capacitie than commission
officers ; and those officers who served in lower decree,
shall return to theire former stations.

167S. — For the preventing of prophanes increasing in
the colionie, which is soe provoaking to God and threaten-
ing to bringe judgments upon us, it is enacted by the court
as an addition to our printed order, chapter 9th, folio 30th,
that none shall come to inhabite without leave, &c, and if
any have or shall att any time intrude themselves to inhabite
any where within this colionie, not attending the aforesaid
order, shall forthwith be warned to be gon out of the colio-
nie, which if they shall not speedily doe, then every such
offender shall pay five shillings p. weeke for every wecke's
continuance in this colionie, after warning to be gon.

16S5. — Voted, that Indian corne, for defraying publicke
charge and payeing all publicke officers, be att two shillings
sixpence pr. bushell.

That the secretary's wages be fifteen pounds a year, in
corne, at two shillings pr. bushell.

16S9. — Ordered by this court and the authority thereof,
that if any person, English or Indian, apprehend and bring
before authority, any man that is an Indian Enimy, he shall
have ten pounds for a reward if he bring him alive, and five
pounds if killed, provided it be evident it be an Enimie In-
dian.

CAPITAL LAWS OF THE COLONY OF NEW PLYMOUTH, RE-
VISED AND PUBLISHED BY ORDER OF THE GENERAL COURT
IN JUNE, 1G71.

1 . It is enacted by this court and the auth^'c/ thereof,
that if any person having had the knowledge of the (rue
God, openly and manifestly, have or w^ship any other God
but the Lord God, he shall bep*t to Death.— Exod. 22:
23. Deut. 13 : 6, 10-

BLUE LAWS OF

2. If any person within this jurisdiction, professing the
true God, shall wittingly or willingly presume to Blas-
pheme the Holy name of God, Father, Son, or Holy God,
with direct, express, presumptuos, or high-handed Blasphe-
my, either by wilful or obstinate denying of the true God,
or his Creation or Government of the World ; or shall curse
God, Father, Son, or Holy Ghost, such person shall be put
to Death. — Levit. 24 : 15, 16.

3. Treason against the Person of our Soveraign Lord
the King, the State and Common-Wealth of England, shall
be punished by Death.

4. That whosoever shall conspire and attempt any Inva-
sion, Insurrection, or Publick Rebellion against this juris-
diction, or the surprizal of any Town, Plantation, Fortifica-
tion, or Amunition, therein provided for the safety thereof,
or shall Treacherously and perfidiously attempt and endeav-
our the alteration and subverson of the Fundamental frame
and constitution of this Government, every such person shall
be put to Death.

5. If any person shall commit wilfull nmrther by kill-
ing any Man, Woman, or Child, upon premeditated malice,
hatred, or cruelty, not in a way of necessary and just de-
fence, nor by casualty against his will ; he shall be put to
Death.

6 If any person slayeth another suddenly in anger and
cruelty of passion ; he shall be put to Death.

7. If any person shall slay another through guile, either
by Poysoning or other such Devlish practices; he shall be
put to Death.

8. If any christian (so called,) be a Witch, thai is, hath,
or consulteth with a familiar spirit; he or they shall be put
to D«uth.

9. If any person lyeth with a Beast or Bruit creature, by
earnal copulation, they shall surely be put to Death, and the
Beast shall be slain t.nc] buried and not eaten.

SO. If any man lyeth ,v;th mai.Mnde, as he lyeth with a

MASSACHUSETTS.

Woman, both of them have committed abomination; they
both shall surely be put to Death, unles the one party were
forced, or be under fourteen years of age : and all other
sodomitical filthiness, shall be surely punished according to
the nature of it.

11. If any person rise up by false witness, wittingly and
of purpose to take away any man's life; he shall be put to
Death.

12. If any man stealeth man-kinde, he shall be put to
Death, or otherwise grievously punished.

1*3. If any child or children abov e sixteen years old, and
of competent understanding, shall curse or smite their nat-
ural Father or Mother ; he or they shall be put to Death, un-
less it can be sufficiently testified, that the Parents have been
very unchristianly negligent in the Education of such chil-
dren, or so provoked them by extreme and cruel correction,
that they have been forced thereunto, to preserve themselves
from Death or Maiming.

14. If a man have a stubborn or rebellious son, of suf-
ficient years and understanding, (viz.) sixteen years of age,
which shall not obey the voice of his Father, or the voice of
his Mother, and that when they have chastened him, will
not hearken unto them ; then shall his Father and Mother,
being his natural parents, lay hold on him, and bring him
before the magistrates assembled in court, and testifie unto
them, that their son is stubborn and rebellious, and will not
obey their voice and chastisement, but lives in sundry no-
torious crimes ; such a son shall be put to Death, or other-
wise severely punished.

15. If a man shall ravish a Maid or Woman, committing
carnal copulation with her by force ; that is above the age
of ten years, or if shee were under ten years of age, though
her will was gained by him, he shall be punished with Death
or some other grievous punishment, according as the fact
may be circumstanced.

16. Whosoever shall wilfully or on purpose, bum any

BLUE LAWS OP

House, Ship, Barque, or other Vessel of considerable value;
such person shall be put to death, or otherwise grievously
punished, as the case and circumstances of it may require.

CRIMINALS.

It is Enacted by this court &c.? that whosoever shall com-
mit Adultery with a married Woman, or one betrothed to an-
other man, both of them shall be severely punished, by
whipping two several times, viz. once, when the court is in
being, at which they were convict of fact, and the second
time, as the court shall order ; and likewise to wear two
capital letters A. D., cut out in cloth and sewed on their
uppermost Garments, on the Arm or Back; and if at any
time they shall be found without the said Letters so worne,
whilst in this government, to be forthwith taken an publick-
ly whipt, and so from time to time, as often as they are
found not to wear them.

Be it also enacted, that whosoever committeth Fornica-
tion before, or without lawful contract, shall be punished by
whipping, or else pay ten pounds fine each of them, and
be imprisoned during the pleasure of the court, not exceed-
ing three days; but if they be, or will be married to each
other, then but ten pounds both, and imprisoned as afore-
said, by lawful contract, the court understanding the mutu-
al consent of Parents, Guardians or overseers, and a solemn
promise of marriage made to each other by the parties, be-
fore competent witnesses.

And if any commit carnal copulation after contract, be-
fore marriage, they shall be amerced each of them fifty shil-
lings ; and be imprisoned if the court see reason ; and if
any cannot or will not pay, then to be punished by whip-
ping. And for the more discountenancing this prevailing
evil; the court hath further determined, that such as trans-
gress in any of these ways, shall be convict in public court,
and their fines to be paid in money.

It is ordered by this court and authority thereof, that if

MASSACHUSETTS.

any person shall commit burglary, by breaking up any dwell-
ing bouse or ware-house, or shall forcibly rob any person in
the Field or Highways ; such offenders shall for the first of-
ence, be Branded on the right Hand with the letter B. and if
he shall offend in the same kind the second time, he shall be
Branded on the other Hand and be severely whipped ; and
if either were committed on the Lord's day, his Brand to be
set on his Forehead ; and if lie shall fall into the like of-
fence the third time, he shall be put to Death, as being In-
corrigeable, or otherwise grievously punished, as the court
shall determine.

This court taking notice of great abuse, and many misde-
meanours committed by divers persons in these'many wayes,
profaneing the Sabbath or Lord's day, to the great dishonour
of God, reproach of Religion, and grief of the spirits of
God's people, Do, therefore order, that whosoever shall pro-
fane the Lord's day, by doing unnecessary servile work,
by unnecessary travailing or, by sports and recreations, he
or they that so transgress, shall forfeit for every such de-
fault forty shillings, or be publicly whipt ; but if it clearly
appear that sin was proudly, presumptuously and with a
high hand committed, against the known command and
authority of the blessed God, such a person therein despis-
ing and reproaching the Lord, shall be put to Death, or
grievously punished at the judgment of the court.

And whosoever shall frequently neglect the public wor-
ship of God on the Lord's day, that is approved by this gov-
ernment, shall forfeit for every such default convicted of,
ten shillings, especially where it appears to arrise from neg-
ligence, idleness or prophaness of spirit.

It is ordered, that whosoever shall defame any court of
justice, or any of the magistrates of judges of any court in
this jurisdiction, in respect of any act or sentence therein
passed ; every such offender, upon due proof made, shall be
by the court of magistrates, punished by fine, imprisonment,
binding to the peace or good behaviour, acording to the

BLUE LAWS OF

guilty and measure of the offence or disturbance, to them
seeming just and equal.

It is enacted by this court &c, that no person in this gov-
ernment, shall wear any Vizards,* or disguise any strange
apparel, to lacivious and evil ends and purposes, on penalty
of being fined fifty shillings to the colonies use, for every
such default, or being publicly whipped or bound to the
good behaviour, as the court may see reason.

Whereas, notwithstanding all the care and endeavours of
this court, to prevent that great and raging sin of Drunken-
ness; yet still many goe on in it ;

Therefore this court doth further enact, that the names of
such as are found to be common drunkards in this govern-
ment, shall be inrouled or recorded ; and that whatever
person or persons, whether ordinary keepers or others, shall
give, sell, or lend, either directly or indirectly any strong
Liquors, orpwine, or strong Beer, unto any such person or
persons, shall forfeit ten shillings, five shillings to the col-
onie's use, and five shillings to the informer. And the
names of such as are so found in any town, shall be set up
in some public place.

And forasmuch as some have been injured by careless
taking of tobacco abroad in the streets and near unto Barns,
Stables, hay Stacks or corn-ricks ; it is hereby ordered, &lc.
that whosoever shall be found smoaking of Tobacco in the
streets, or in such places of danger, shall forfeit to the
poor of the town, two shillings for every such default, which
the constable may without further warrant, distrain and dis-
pose of ; and if it can be known that damage did accrue
unto any by such careless smoaking of tobacco, it shall be
repaired by him that was the occasion of it, or he shall be
made to serve it out. Souldiers whilest in Arms, are dis-
pensed with to smoak in the field.

* Visors.

MASSACHUSETTS.

CIVIL LAMS.

It is ordered, that whosoever of the Freemen, do not ap-
pear at Election in person or by proxy, he shall be for such
neglect, amerced to the treasury ten shillings.

If any Freeman of this corporation shall be discovered to
be notoriously vitious or scandalous, as common lyars,
drunkards, Swearers, Apostates from the fundamentals of
^-eli5.ion or the like, or doth manifestly appear to be disaffect-
ed to tus government, upon legal conviction of all or any
of these, its.^u De ;n tne power of the general court to dis-
franchize him u t]iey see cause, from the priviledge of a
Freeman.

It is ordered, that ev^y constable shall have Black Staffe
tipped with Brasse, as „ badge of his office, which, as he
hath opportunity, he shall i„]ie wjth him when he goeth to
discharge any part of his rfc, yet notwithstanding, the
want of his stafFe shall not h\der him from executing his
office in any kinde, if occasional he be without itj nor
exempt any from assisting him theh^ that may know him
to be the constable.

It is ordered, &c. that every town in\hig government
shall have and keep baited and well tended, t>0 "vy00if traps
in fit seasons, on penalty of five pounds.

It is further enacted by this court, &c. that if S)y man
be sent forth as a souldier, and be so maimed in the st>.vjce
that he is disabled from following his occasions, he shai De
maintained by the colony whilst he lives, according to hs,
quality, and the capacity in which he served ; and when
dead, shall have the burial of a souldier.

It is ordered, that whosoever is Licenced to keep a public
house of entertainment, shall be well provided of Bedding
to entertain strangers and travellers, and shall also have con-
venient pasturing for Horses, and hay and provinder for their
entertainment in the Winter, and shall not be without good

BLUE LAWS OF

beer ; and if any ordinary keeper do frequently fail in any
or all of these, upon complaint, he shall lose his License.

It is further enacted, that no in-keeper or ordinary in
this government, shall sell Beer for more than two pence
the ale quirt, upon penalty of three shillings and four pence
for every such offence; nor shall any Vintner or Tavern,
gain more than eight pence upon the quart in any Wine or
strong Waters that they retail, more than it cost them by th^
butte or caske as they bought it, on penalty of twenty
lings forfeiture for such offence duly proved.

And it is further enacted, that no single per^n> labourer
or other, shall be dieted in any Inne or Ord^ry. in the town
to which he belonged).

And it shall and may be lawful P<" W man t0 seize any
Liquor, cyder or Wine, found w th° custody of an Indian or
Indians, and have it for his pains, provided he bring the
said Indian or Indians before a magistrate, or the selectmen
of the town, to be further examined about it.

Whereas divers unrul persons, servants and others in
several places of this J°lony> meet together to walk about
in the ni<?ht to dri"<> revel or pilfer; the same tending to
the corrupting debauching of the youth ; and many
offend and pi-Jatnce the peaceable inhabitants of the sev-
eral town" ^or Prevent'011 whereof,

Tt ordered by this court and the authority thereof, that
aj] p/rsons walking in the fields or streets after nine or ten
0>„ook at night, unless known peaceable and orderly in-
habitants, shall be liable to be examined by the selectmen,
constable or watch of the town : or if complained on by
any other person of the town, and if they cannot give a
satisfactory reason for their so doing, he or they shall be
had before some magistrate or other person authorized, who
uoon the hearing of the case, it appear they have been
rude or unreasonably drinking, revelling, gaining, sporting
or any ways disturbing, or if it be servants or children, and
it be without their Parents or Masters leave, they shall for

MASSACHUSETTS. 59

the first offence be admonished, or pay five shillings to the
country,. or sit in the stocks an hour ; and if transgress a
second time, to pay ten shillings, or be whipt with ten
lashes, and so from time to time, as often as they transgress."

EXTRACTS FROM THE APPENDIX TO THE LAWS OF THE
COLONY OF NEW PLYMOUTH.

" Conditions upon which the English at Ley den ivlw intend-
ed to remove to America, engaged with some merchants in
England, wlw were to he joint adventurers with them.

I. The adventurers and planters doe agree, that every
person that goeth, being sixteen yeers old and upwards, bee
rated at lean pounds, and that tenn pounds be accounted a
single share.

II. That he that goeth in person and furnisheth himself
out with tenn pounds, either in money or other provisions,
be accounted as having tenn pounds in stocke, and in the
division, shall receive a double share.

III. The persons transported, and the adventurers, shall
continue their joint stocke and partnershipe, the space of
seavenyeres, except some unexpected impediments do cause
the whole company to agree otherwise ; during which time
all profits and benefitts, that are gotten by trade, tralncke,
trucking, working, fishing, or any other means, of any other
person or persons, remaine still in the common stocke, until
the division.

IV. That at their coming, they shall chuse out such a
number of fit persons as may furnish their shipes and boats
for fishing upon the sea : imploying the rest in their several
facultyes upon the land, as building houses, tilling and
planting the ground, and making such commodities as shall
be most useful for the colony.

V. That at the end of the seaven yeeres, the capital and
profits, viz. the houses, lands, goods and chattels, be equally

BLUE LAWS OF

divided amongst the adventurers : if any debt or detriment
concerning this adventure, *

VI. Whosoever cometh to the colony hereafter, or put-
tcth any thing into the common stocke, shall, at the end of
the seaven yeeres bee allowed proportionably to the time of
his soe doing.

VII. He that shall carrie his wife or children, or ser-
vants, shall be allowed for every person, now aged sixteen
yeeres and upward, a single share in the division ; or, if he
provide them necessaries, a double share ; or if they be be-
tween tenn years old and sixteen, then two of them to bee
reconed for a person, both in transportation and division.

VIII. That such children that now goe, and are under
age of ten yeeres, have noe other share in the division, than
fivety acres of unmanured land.

IX. That such persons as dy before the seaven yeeres be
expired, their executors to have theire parts or share at the
division, proportionably to the time of their life, in the
colony.

X. That all such persons as are of the colony, are to
have meat, drinke and apparel, out of the common stocks
and goods of the said colony."

" SUBMISSION OF INDIAN SACHEMS.

September 13, Anno Dom. 1621.
Know all men by these presents, that we, whose names
are underwritten, do acknowledge ourselves to be the royal
subjects of King James, King of Great Britain, France and
Ireland, defender of the faith, &c. In witness whereof, and
as a testimonial of the same, we have subscribed our names
or markes as followeth.

Ohquamehud, Nattawahunt, Quadaquina,

Cawnacome, Caunbatant, Hultmoiden,

Obbatinnua, Chikkatabak, Appannow.

* " Here something seems to be wanting, which cannot now be suppli-
ed."— Bell. Amer. Biog. II. 128.

MASSACHUSETTS. 61
" ESTABLISHMENT OF A MILLITAHY COMPANY.

August 29, 1643.
The court hath allowed and established a military disci-
pline to be erected and mayntained by the towns of Plym-
outh, Duxborrow, and Marshfield, and have also heard their
orders and established them, viz :

ORDERS.

1. That the exercise be always begun and ended with
prayer.

2. That there be one procured to preach them a sermon
once a yeare, viz. at the Eleceon of their officers, and the
first to begin in Sept'r. next.

3. That none shalbe received into this miilitary company
but such as are of honest and good report and freemen, not
servants, and shall be well approved by the officers and the
whole company or the major part.

4. That every person, after they have recorded their
names in the miilitary list, shall from tyme to tyme be sub-
ject to the comaunds and orders of the officers of this Miili-
tary Company in their places respectively.

5. That every delinquent slialbe punished at the discre-
tion of the officers, and the Miilitary Company or the major
part thereof, according to the order of Miilitary discipline
and nature of the offence.

6. That all talking and not keeping sylence during the
time of the exercise, jereing, quarrelling, fighting, dept'ing.
collers w'thout lycence or dismission &c. or any other mis-
demeanor, (so adjudged to be by the officers and the com-
pany or the maj'r. p't. thereof) to be accounted misdemean-
ors to be punished as aforesaid.

7. That every man that shall be absent (except he be
sick or some extraordinary occation or hand of God upon
him) shall pay for every such default Us. And if he refuse
to pay it upon demaund or within one month after, then to

BLUE LAWS OF

appear before the company, and to be distrayned for it and
put out of the list.

S. That if any man shall (upon the dayes appoynted)
come w'thout his armes or with defective armes, shall for-
fait for every trayneing day as followeth :

For want of a musket or peece approved every time Vie/.

For want of a Sword, YId.

For want of a Vest, VI<7.

For want of Bandeliers, YId

Six months tyme given to provide in.

0. That every man that hath entered himself upon the
military list, and hath not sufficient armes and doth not or
will not pr'cure them within six months next ensuing, his
name to be put out of the list.

10. That there be but sixteene pikes in the whole company
(or at the most for the third p't.) viz. VIII for Plymouth,
VI for Duxborrow and II for Marshfield.

11. That all that are or shalbe elected chiefe officers in
this Military Company, shall be so titled and forever after-
wards be so refuted, except he obtayne a higher place.

12. That every man entered into the millitary list, shall
pay YId the quarter to the use of the company.

13. That when any of this Millitary Company shall dye or
depart this life, the company upon warneing, shall come to-
gether with their armes and inter his corpes as a souldier
and according to his place and quallytye.

14. That all that shalbe admitted into this Military Com-
pany, shall first take the oath of fydellyty if they have not
taken it already or els be not admitted.

15. That all postures of pike and musket, motions, rankes
and files &c. messengers, skirmishes, seiges, batteries,
watches, sentinells &c. bee alvvayes p'rformed according to
true military discipline.

16. That all that will enter themselves upon this compa-
ny shalbe propounded one day, received the next day if they
be approved.

MASSACHUSETTS.

The Rev'd. Roger Williams the subject of the follow-
ing record was an Englishman of high standing, not only in
his native country, but in the wilds of America. In 1G31
disliking the formalities of the Church of England, he sece-
ded from it and joined himself to the dissenters and fled to
this country, to avoid the persecutions that then raged vio-
lently in England, civil and religious liberty were then
strangers in New England, and Mr. Williams advocated
them with an intrepidity that awakened the attention of
the more rigid of the opposition and of many of his friends,
on his arrival in this country, he first located himself at
Boston, but at the time of his trial resided at Salem, where
he had the charge of a large church and congregation, who
esteemed him for his strong powers of mind, highly culti-
vated; his purity of character as a christian teacher, for
his liberal and enlarged views on the subject of civil and
religious liberty, with his accustomed pious frankness, he
did not hesitate to advance his sentiments unreservedly, and
denied the right of the civil magistrates to govern or legis-
late on ecclesiastical affairs.* Which soon caused him to
be arraigned upon the charges hereto annexed, and for
which he was in October 1635, tried and sentenced to
banishment from the colony. But the Court who had so
unjustly banished him, s'.ill possessing too much of the
milk of human kindness to drive Mr. Williams at that sea-
son of the year with his family, into the wilderness at
the mercy of the savages, gave him liberty to remain in the
colony until the next spring, upon condition that he should
not disseminate his doctrines and opinions to their citij-
izens — which favor he gladly accepted, and remained there
until the January following, when he was informed, that
his accusers were about to send him back to his persecuters
in England, he therefore forthwith made his escape from
Salem, in the midst of winter, and fled to the Indians in
Rhode Island, where he was kindly and favorably received,

* Wintlirop.

BLUE LAWS OP

by the chief Sachem at Mount Hope, who made him a grant
of a valuable tract of land at SecunJc, but even on this fa-
vored lot of his refuge, he was not long suffered to remain
but was ordered by the colonist to cross the river, they
claiming the lands upon which he was then located as be-
longing to the colony of Massachusetts. He accordingly
in the spring (with his servant) crossed the river where he
once more planted himself, and laid the foundation of the
now city of Providence, where lie resided many years, an
instrument in the hands of the Lord, to protect the lives, lib-
erty, and property of his persecutors in the colony from
which he was banished; from the scalping knife and toma-
hawk of the ruthless savage, over whom he had gained an
influence and control by his kindness to them, he alone was
enabled to conciliate the angry passions and revengeful dis-
positions of the Indians about him, and save the bloodshed
of the Massachusetts colonists. Mr. Williams soon after
he formed his colony at Providence, became Law-giver and
Minister to his infant colony, and formed his constitution
upon the broadest principles of civil and religious liberty,
and equal rights, and was the first Governor in North Amer-
ica, "who held liberty of conscience to be the birthright of
man." Roger Williams was the first founder of a Bap-
tist Church in America, which took place in the year 1639
less than two centuries since, and that little band of Chris-
tians with that pious Father at their head now number in
the United States 452,000 members, all of which important
facts and events with many others equally interesting origin
nated from the following Record.

Hccord of trial and charges, vs. Rev. Roger Williams.

* At a general court, July 8th, 1635, Mr. Williams of
Salem, was summoned, and did appear. It was laid to his
charge, that being under question before the magistracy

* Winthrop's Journal.

MASSACHUSETTS.

and churches for divers dangerous opinions, viz., 1. That
the magistrate ought not to punish the breach of the* first
table, otherwise than in such case as did disturb the civil
peace. 2. That he ought not to tender an oath to an un-
regenerate man. 3. That a man ought not to pray xoith
such, though wife, children, &c. 4. That a man ought not
to give thanks after sacrament, nor after meals ; and that the
other churches were about to write to the church of Salem
to admonish him of these errors, understanding the church
had called him to the office of a teacher. The said opin-
ions were adjudged by all the Magistracy and Ministers,
(who were desired to be present,) to be erroneous, and
very dangerous, and the calling of him to office at that
time, was adjudged a great contempt of authority. So in
fine, there was given to him and the church of Salem to
consider of these things till the next General C3iirt, and
then either to give satisfaction to the court, or else to ex-
pect the sentence; it being professedly declared by the min-
isters, (at the request of the Court, to give their advice,)
that they who should obstinately maintain such opinions,
(whereby the church might come into heresy, apostacy, or
tyrany, and yet the civil magistrate could not intermeddle,)
were to be removed, and that the other churches ought to
request the magistrate so to do.

In this whole affair we cannot fail to discover the super-
intendence of a wise and holy providence causing the wrath
of man to praise him, and restraining that portion of which
that would not work his glory.

The parallel in some important points is striking be-
tween the persecutions inflicted on Joseph by his brethren,
and the persecutions of Williams by his brethren in Massa-
chusetts. Joseph was wickedly banished to a land of stran-
gers by his brethren, because they envied him on account

* First Commandment — " Thou shalt love the Lord thy God with all
thy heart."

BLUE LAWS OF

of the superior light communicated to him from on high.
So Williams was envied by his brethren for the same rea-
son, for he was in advance of the age in which he lived, and
the envy of his brethren carried out, resulted in his ban-
ishment to a dreary wilderness in the midst of winter, sub--
ject to the caprice of merciless savages.

Of Joseph it is said — " God was with him" in his exile,,
and gave him favor with the rulers and people. So was-,
it with Williams in his banishment in a most remarkable-
degree, insomuch, that penetrated with a conciousness of"
this truth, that he named the place of his refuge, " Provi-
dence" which name continues to mark the spot to this day.
In the case of Joseph, the sacred historian informs us, that
although his brethren " meant it for evil," yet " God meant
it for good, to save much people alive," and to carry for-
ward his purposes of mercy, by making Joseph the saviour
of much people. So in the case of Williams, God was
pleased to allow the unholy wrath of his brethren to burn
against this eminent philanthropist, statesman, and servant
of his, on the account of his superior light, and more en-
larged views of civil and religious liberty, until it resulted
in the entire severance of Williams from them and their
order.

This opened the way for his laying the foundation of an
independent state government, based on the broad principles
of civil and religious liberty. Such as the world till then
had never seen or known.

Joseph became honored in his exile as the saviour of his
people, while the pride of his elder brethren was humbled.
So Williams from the elevated stand which he occupied in
the confidence, and affections of the red men around him,
was enabled at the fearful onset, when the restless spirit of
some of the Massachusetts colony, had incited the Indians
to wage a war of extermination against that colony, to in-
terpose his friendly offices and save them from impending
ruin. At the salutation of his persecutors, now terror

Massachusetts.

stricken by the invasion of the merciless foe, Williams
meekly takes his life in his hand, alone and unarmed, except
with his staff, prompted by a spirit of genuine benevolence,
penetrated even to the centre of the savage encampment,
as the Indians were just ready to fall upon their prey, and
succeeded in negotiating a peace for his envious and perse-
cuting brethren, and thus he saved them alive in the hour
of peril.

The same is true in this case, as in another. " This poor
wise man, by his wisdom, saved the city, yet no one remem-
bered this poor wise man."

The charges were not finally tried and closed, until Oc-
tober following the above date, when the trial closed, and the
following is the record.

Massachusetts Records, 1635.

" Whereas Mr. Roger Williams, one of the elders of the
church of Salem, hath broached and divulged divers new
and dangerous opinions, against the authority of magistrates,
as also written letters of defamation both of magistrates
and churches here, and that before any conviction, and yet
maintaineth the same without retraction : It is therefore or-
dered, that the said Mr. Williams shall depart out of this
jurisdiction within six weeks now next ensuing, which, if
he neglects to perform, it shall be lawful for the Govr. and
two of the magistrates, to send him to some place out of
this jurisdiction, not to return any more, without licence
from the court."

Blassachusctts Record, 1644.

" Richard Waterman, being found erroneous, heretical
and obstinate, it was ordered, that he should be detained
prisoner till the quarter Court in the seventh month, unless
five of the magistrates find cause to send him away, which

68 BLUE LAWS OF MASSACHUSETTS.

if they do, it is ordered, he shall not return within this ju-
risdiction wpon pain of death."*

* There are many cases of banishment for heresy upon those ancient
records, which often reminds me of the golden remark of a learned theo-
logian.

" To banish, imprison, starve, hang and burn men for their religion, ia
not the gospel of Christ but the gospel of the Devil. Where persecutioa.
begins, Christianity ends; and if the name of it remains, the spirit i%
gone. Christ never used any thing like force or violence except once,,
and that was to drive bad men out of the temple and not to drive thenx
in." — Jurtin.

BLUE LAWS OF CONNECTICUT.

A true copy of the ancient record of the colony of Con-
necticut, commencing at Newtown, (now Hartford,) April
26, A. D. 1636, as literally transcribed by the compiler,
which is three years before even a Governor was chosen
over the colony of Connecticut, and at the date above, was
composed of what is now called Hartford, Y/ethersfield
and Windsor. Embracing the decisions of Courts, Acts of
the General Court or Legislature, for nearly three years.

At a court holden at Newtown, 26th April, 1636 — Roger
Ludlow Esqr., Mr. Westwood, Mr. Steele, Mr. Ward, Mr.
Phelps*

It is ordered, that from henceforth, none that are within
the jurisdiction of this court, shall trade with the natives or
Indians, any piece, or pistol, or gun, or powder, or shot,
under such heavy penalty as uppon such misdemeanour, the
court shall think meet.

Constables sworn for Dorchester, (now Windsor,) New-
town, (now Hartford,) and Watertown, (now Wethersfield,)
for this next year and until! new be chosen, are Henry Wol-
cott for Dorchester, Samuel Wakeman for Newtown, and
Daniel Jinch for Watertowne.

* Court of Magistrates then formed the General Court.

EIXE LAWS OF

Whereas, there was a dismission granted by the town of
W atertowne, in the Massachusetts, dated the 29th day of
March last, to Andrew Warde, Jo. Sherman, Jo. Strickland,
Robert Coe, Robert Reynold, and Jonas Weed, with in-
tent to joine anewe in a church covenante in this river of
Connecticutt, the said parties have soe accordingly done
with the publicise allowance of the rest of the members of
the said churches as by certificate now produced, appears.
It is now therefore, in this present court ratified and con-
firmed, they promising shortly, publicklee to renewe the said
covenant uppon notice to the rest of the churches.

At a Court held at Dorchester, June 7th, 163G, Mr. Lud-
low, Mr. Westwood, Mr. Phelps, Mr. Ward, (Judges.)

It is ordered that there shall be a sufficient watch main-
tayned in every towne, and that every Constable of each
towne, shall duely warne the same, and see that the Inhabi-
tants or residents doe severally in their turn, observe the
same, according as the Inhabitants do agree, which said
watch shall begin and end with the courte or Magistrates
shall think meete.

It is ordered, that Samuel Wakeman and George Hub-
bard shall survey the breadth of the plantation of Dorches-
ter, how far it shall extend above Mr. Stiles's, and shall no-
tifie unto the next Courte, their proceedings therein, to the
end that they may be then confirmed, and that they shall
have from the said towne satisfaction for their paynes. And
the said Samuel Wakeman shall doe the same for Water-
towne in their breadth towards the mouth of the river, and
have the like satisfaction, and this to be done without fayle
before the next court, uppon penalty of 40 shillings of each
head that shall fayle therein.

It is ordered, that every souldier in each plantation shall
have in his house in readiness, before the end of August
next, two pounds of powder, and that they shall shew yt
uppon the penaltee of x. s, for every fayling in this, pre-

CONNECTICUT.

sendee to be levied by the said Constable without resist-
ance, as also, twenty bulletts of leade in the like readiness,
uppon the same penalty, and in the same manner to be
levied.

At a Court held att Watertowne, lo. 7br. 1836.
Roger Ludlow Esq. Mr. John Steele,

Mr. Win. Swaine, Mr. Wm. Phelps,

Mr. Andrew Warde, Mr. Wm. Westwood.

It is ordered that the order concerning powder and bulletts
of the 7th of June last, be now presentlee published in the
several Plantations, and that there be a respite given, untill
the end of this instant month, and then to be put in execu-
tion without fayle.

It is ordered, that every Plantation shall trayne once in
every month, and if upon complaint of their military officer,
It appears that there be diverse very unskilfull, the said
plantation may appoint the said officer to trayne oftener, the
said unskilfull. And that said officer take view of their
arms, whether they be serviceable or noe, and in default of
every soldiers absence, the absent to pay 5s. for every
tyme, without lawful excuse within two days after, tendered
to the company, or one of them, in the said plantation;
and for any default in arms, after warning, to them by the
said Officer to amend the same, and a tyme sett, and if not
then amended by the tyme appointed, to pay Is. every
tyme, and where arms are wholly wanting, to be bound over
to answer it at the next courte.

It is ordered by consent of Seely Plant, against the

Inhabitants of theTo.vae of Watertowne Deft's that a Ju-
rer shall be withdrawn, and that, the Deft's do undertake
to produce an order wherein they will make it appear if the
Inhabitants of the said Town did not remove with their fam-
ilies to Connecticutt by the end of this instant month or
els there was noe propriety due to to them in the divident
of the lands of the said towne, and that the hand or the con-

BLUE LAWS OF

sent of the said William Bassum is thereunto, and if the
said Order be not produced here to the Courte by the second
Courte after this, the Inhabitants are to pay the PlantifF
dam ages.

Seely Plaintiff— Inhabitants of Watertown, Deft's.— The
Jury find for the Pl'ff — That he is to have as an adventurer
and as a man, that was in the condition that Bassum, un-
der whome he claymes was in.

Guilford, June 16th, 1665.
This is to certify, all whome it may concern, that upon
his certain knowledge (by the advice of the Court) Weath-
ersfieldmen gave so much unto Lowheag as was to his sat-
isfaction for all their plantations lying on both sides of the
great river with the Islands, to wit, six miles in breadth on
both sides of the river and six deep from the river westward,
and three miles deep from the river Eastward, Thus testify-
eth George Hubbard. Taken upon oath before me,

WILLIAM LEETLE.

A cortc held at Newtown, 1st November, 1636, (same
persons holding s'd Courte.

It is ordered that Jo. is to return to his master Mr. Stiles,
who hath his indenture and the s'd. Mr. Stiles is to pay
Win. 10s for his passage, if not, the court will take order
in the same as they shall see meet.

A Court at Newtown, 27th Dec. 1636.
(Same Judges) — It is Ordered that Daniel Finch "shall
have for six employments about Mr. Oldhams Estate and a
carte 13s. 6fZ.

It is ordered that all the creditors of Mr. Oldham in the
river of Connec'tt. bring in their debts before the next Court
or else he shall not be deemed as a Creditor in the Estate
that is now extent.

21st February, 1636.— (Same Court.)
Whereas is was Ordered that Samuel Wakeman, George

CONNECTICUT.

Hubbard, and Stoughton were to consider of the bounds of
Dorchester, towards the Ffals, and Watertown towards the
mouth of the river; the said Samuell Wakeman, George
Hubbard think the Plantation of Dorchester, shall extend
towards the ffals on the same side the plantation stands to a
brook called little brook and so over the great river uppon
the same line, that Newtown and Dorchester doth betwene
them, and so it is ordered by the Court.

It is ordered that the Plantation now called Newtown shall
be called and named by the name of Hartford towne and
likewise the plantation now called Watertowne, shall be
called and named Weathersfield.

Samuel Wakeman and Anceint Stoughton do think meet
that the bounds of Weathersfield shall be extended towards
the River's mouth on the same side it standeth to Ira, six
miles downward from the bounds between them and Hart-
ford marked with N. ff. — and to run in an East and West
line over the great river, the said Weathersfield to begin at
the mouth of Pewterpot brook and then to run due East in-
to the country three miles and downward six miles, in breadth
north, is ordered accordingly.

It is ordered the plantation called Dorchester, shall be
called Windsor.

The Bounds between Weathersfield and Hartford, are
agreed all the side where they stand to be at a tree mark-
ed N. H. and towards the pale of the said Hartford is fixed
to goe into the county due East, and out the other side the
great River from pewterpot brook at the lower side Hocca-
num east into the country, which is now ordered accordingly.

The Bounds between Hartford and Windsor, is agreed to
be at the upper end of the great meadow of the said Hart-
ford towards Windsor, at the pole that is now sett there upp
by the said Hartford which abutting uppon the great river up-
pon a due East line as parralell to the said East Line as far as
they have now poled, and afterwards the bounds to goe into

the country uppon the same west line, But it is to be so much
7

BLUE LAWS OP

shorter towards Windsor as the place where the skirte that
comes, is along the head of the said meadow and falls into
the said great river is shorter than their pole, and over the
said great River the said Plantation of Windsor is to come
to the river's mouth that falls into the said great River of
Connecticut, and there the said Hartford is to run due east
into the country, which is Ordered accordingly.

It is ordered that noe young man that is not married nor
hath any servant, and be noe public Officer, shall keep house
by himself without consent of the towne where he lives first
had, under paine of 20s. per week.

It is ordered that noe master of a family shall give habi-
tation or entertainment to any young man to sojourn in his
family but by the allowance of the inhabitants of the said
towne where he dwells, under like penalty of 20s. p'r week,
these two last orders to take effect the first of April next.

At a court at Hartford, March 2, 1637. (Same Judges.)

It is ordered that Mr. Francis Stiles shall teach George
Chappel, Thomas Coop, and Thomas Barber, his servants,
in the trade of a carpenter, according to his promise for their
service of their term behind 4 days in a week onely to shave
and slit their own work, they are to frame themselves with
their own hands together with himself or some other master
workman the time to begin for the performance of this or-
der fourteen days hence without fayl.

It is ordered that every Juryman shall have six pence for
every action that is given to them uppon evidence, to be
paid by him the action goes against.

The 1st day of May, 1637, General Court at Hartford.

Mr. Ludlow, Mr. Welles, Mr. Swaine, (
Mr. Phelps, Mr. AVarde, Mr. Steele. J

Mr. Whiting, Mr. Webster, Mr. Williams, j

Mr. Hull, Mr. Chaplin, Mr. Talcott, V Committee.

Mr. Hosford, Mr. Mytchell, Mr. Sherman, )

It is ordered that there shall be an offensive war against

CONNECTICUT.

Pequotts, and that there shall be ninety men levied out of
the three plantations, Hartford, Weathersfield and Windsor
viz. out of Hartford forty two men, Windsor thirty, Weath-
ersneld eighteen under the command of captain Jo'n. Ma-
son, and in case of death or sickness under the command
of Robert Seely, Lieut, and the eldest Sergeant or millitary
officer surviving, if both these miscarry.

It is ordered that Hartford shall find 14 armour in this
design, Windsor six.

It is ordered that there shall be one good hogshead of
beer for the captain and minister, and sick men, and if there
be only three or four gallons of strong water, two gallons of
sacke.

It is ordered that Windsor shall provide sixty bushels of
corne, Hartford eighty four bushels, Weathersfield thirty
six bushels of this, each plantation to bake in biskett the one
half, if by any means they can, the rest in ground meale,
Weathersfield seven bushels to be allowed upon accompt.

Hartford is to provide three firkins of suet, two firkins of
butter with that at the Rivers mouth, four bushels of oat
meale, two bushels of pease, five hundred offish, two bush-
els of salt. Weathersfield one bushel of Indian beans, Wind-
sor fifty pieces of pork, 3tW>s. rice, and four cheeses.

It is ordered that every souldier shall carry with him lib,
of powder, <ilbs. of shott, 20 bulletts, one barrell of powder
from the rivers mouth, and a light gun if they can.

It is ordered that Mr. Pynchions shallop shall be taken,
to be employed in this design.

June 2f/, 1G37, A gtncrall courtc at Hartford,

It is Ordered that there shall be sent forth 39 men out
of the several Plantations in this river, of Connecticutt to
sett down in the Pequot country and River in a place con-
venient to maintayne our right which God by conquest hath
given us, and Lieut. Seely shall have the command of them,

BLUE LAWS OF

The men arc to raise 14 out of Hartford, ten out of Wind-
sor, six out of Weathersfield.

It is ordered that sixty bushells of corn, shall be provided
for the design abovesaid, Windsor 20 bushels, Hartford 23
bushels, Weathersfield twelve, one hogshead of pease, two
bushels of oat meale, 150/&5. of beef, SOlbs. of butter, (viz.)
Windsor 30, Weathersfield 30 for each.

26th June, 1G37, Hartford General Courtc.

It is ordered that ten men more shall be levied out of the
plantations aforesaid to goe in the design against the Pequots
as an addition to the former 30, viz. five out of Hartford,
Windsor three, Weathersfield two.

It is ordered that Mr. Haynes and Mr. Ludlow, shall goe
to the mouth of the River to treat and conclude with our
friends of the Bay, either to come with their force in prose-
cuting our design against our enemies, or if they see cause
by advice to enterprise any action according to the force
we have, send to parley with the Bay about our setling downe
in the Pequotte country.

It is ordered that there shall be one hogg provided at
Weathersfield, for the design in hand, which is conceeved
to be Nathaniel Fosters, 20<%s. of butter, half a hundred of
cheese, Hartford, 20!bs. of butter, half a hundred of cheese,
Windsor, one ram goat, 2Qlbs. of butter, half an hundred of
cheese, one gallon of strong water, Hartford, one hundred
of beef from Mr. Whiting, Windsor three bushels of malt,
2 bushels from W eathersfield — Mr. Welles two.

General Court, Tucselay Nov. litJi, 1637, Hartford.

Haynes, Welles, Hull, Ward, Swaine, Mitchell, Whiting,
Goodman, Smith, Ludlow, Phelps, Capt. Mason, Goodman
Bacon.

It is ordered that every common soldier that went in the
late design against the enemy the Pequotts, shall have Is. 3d,

CONNECTICUT.

per clay for their service, at six days to the week ; the sear-
geant 2s. p'r. day the Lieutenant 20s. p'r. week, and the Cap-
tain 40s. p'r. week — Any man that was publicly employed
in the said service and diet themselves, shall have 2s. per day,
and that the said payment shall be for a month although
in strictness there was but three weeks and three days due,
such as did return from the Forts and never went into the
service to be allowed but for 12 days.

It is ordered that the pay in the second design shall be the
same as the former, and the time a month as abovesaid.

Hartford, Februar y*1637.

Haynes, Plumb, Ludlow, Mytchell, Welles, Mason, present.

Whereas upon serious consideration we conceived that
the Plantation' in^this River will be in some want of Indian
corne and in the same consideration we conceive every
man may be at liberty to trade with the Indians upon the
River, where the supply of corn in all likely hood is to be had
to furnish their necessities, the market of corn among the
Indians may be greatly advanced to the prejudice of these
plantations, we therefore think meet and do so order that
no man in this River, nor agawam shall go to the River among
the Indians or home at their houses to trade for corn, or
make any contract or bargain among them for corn either
privately or publicly upon the pain of 5s. for every bushell
that he or they shall trade or contract for — This order to
endure untill the next general court and untill there will be
a settled order in the thing.

It is ordered that there shall be a particular Court on the

first Tuesday of May, at Hartford and then and John

are to bee handled — Therefore the several ^creditors are
then to come and make their claims.

It is ordered that there shall be forthwith a levy of five
hundred and twenty pounds to be levied to defray the charge
of the late design of war that is allready past. Agawam,
7#

BLUE LAWS OF

£26 : 16 : 00— Windsor, £US : 2 : 0— Hartford, =£251 : 2 • 0.
Weathersfield, £124 : 0 : 0.

The payment to be made either in money or in vvampom
at four a penny, or in good and merchantable beaver at 9s.
per pound.

It is ordered that there shall be general notice given in
all the plantations that there be any guns, swords, belts,
bandil, kettles, pots, coolers, or any thing else that belongs
to the commonwealth, that were lost, landed or left in any
plantations, they are to be delivered into the hands of the
said constables of the said towns, and the said Constables to
bring them to the next court at Hartford, and if after the
said notice there shall be any things found in any mans house
or custody, it concerning the said commonwealth, they shall
be subject to the censure of the court for their tenure or
concealing.

It is ordered that the Genl. Court now in being, shall
be dissolved and there is no more attendance of the mem-
bers thereof to be expected except they be chosen in the
next general court.

A general court holdcn at Hartford, and die March 1637,
Welles, Mitchel, Ludlow, Plumb, Smith, Pincheon, Phelps,
Committee.

Capt. Mason, Mr. Talcot, Rayner, Hubbard, Ludlow,
Webster, Thos. Marshall, Jos. Kibbee, Treete, Hull, and
Ward.

Thurston Rayner being chosen a committee for the town
of Weathersfield, being noio absent is fined 5s. to be paid
forthwith.

Whereas Mr. Pincheon was questioned about imprison-
ing an Indian at Agawam, whipping an Indian and freezing
of him, the court is willing to pass over Mr. Plums failings
against an Indian.

It is ordered with the consent of Mr. Pyncheon that the
said Mr. Pyncheon will deliver at Hartford, good merchant-
able indian corn at 5s. per bushell as far as 500 bushells

CONNECTICUT.

will go at, if he can save by that, at the residue, he is to
have 5s. 2d. per bushell, provided also that that provision
that Windsor is to take shall be landed there at Mr. Lud-
lows, in consideration whereof, there is a restraint of any to
go up the river to trade with the Indians for corn. Also if
any Indians bring down any corn to us, we are not to ex-
ceed 4s. per bushell, as also in case of necessity that any
family or families do complain of present necessity, they
are to repair to the magistrates which may advice them for
the supply, altho it be to the dispensing with this Order pro-
vided also that if the said Mr. Pyncheon be enforced to
raise the price with the Indians of six pieces of wampum a
piece, then the plantations are to increase the pay of 5s. per
bushell if he can abate any thing, he will sett of so much of
5s. per bushell the payment, to be made in wampum at 3s.
a panny or merchantable beaver at 9s. per pound.

It is ordered, that whoever doth disorderly speak private-
ly during the setting of Court with his neighbour or two or
three together, shall pay Is. if the court so think meet.

It is Ordered that Captain Maloy, Mr. Allen, Mr. Ward,
shall go to Agawam and treat with the Indians concerning
their tribute towards the charges of the warrs, to the value
of one fathom of wampum a man. Wawattock, a fathom
and a quarter.

It is ordered, that Mr Ludlow, Mr. Hopkins, shall have
a power to deal with Elias Parkman about his vessel to go
to the Narragansett to trade for corn, and they are likewise
to take up such commodities as may freight the said vessel,
to the end aforesaid, and do thereon what they see meet,
that may tend to the publick in that way, and that Planta-
tions shall bear the charge of the said freights, and have the
proceed of the corn, and trade according to the proportion
of the last publick rate to the warrs, as also of what comes
from Agawam.

It is ordered that no commissioner or other person shall
bind, imprison or restrain, correct or whip any Indian or

BLUE LAWS OF

Indians whatsoever, in his own case, or in the case of any
others, nor give them any menacing or threatning speeches,
except it he in case any Indian shall assault or affront their
person or persons, or shall find them either wasting, killing
or spoiling any of their goods or estate, and he or they
shall find them so doing, and in that case, if they refuse to
come before a Magistrate, they may force them to go and
bind them if they refuse. But if any injury or trespass be
offered or done by any Indian or their dogs, he or they are
to complain to some Magistrate or Magistrates, provided
always, that any two Magistrates together, may upon any
special occasion send for any Indian to come before them,
and if they see cause to restrain and imprison him or them,
and in case of refusal or contumacy or other extraordinary
occasion, to send force to apprehend or take him or them,
i.~ they see cause.

It is ordered, that there shall be fifty cutlasses provided
in the plantations. Hartford 21 cutlasses, Windsor
12, Weathersfield 10, Agawam 7, which are to be pro-
vided within six months at fatheresl, and these cutlasses
are to be viewed by the military officer that is provided for
that purpose, and if he disallow them as insufficient, they
are to provide better. And also that the said Towns are
to give in the names of such as are to find the said cutlasses,
at the next general court, and then such as shall fail to pro-
vide by the day afores'd, shall forthwith pay ten pounds and
five shillings pr. month, untill he hath supplied them, and it
shall also be lawful for the said military officer to call for
the s'd cutlasses to view whether they be in repair or not.

It is ordered that Captn. Mason shall be a publick milita-
ry officer of the plantations of Connecticut, and shall train
the military men thereof, in each plantation, according to
the days appointed, and shall have £i0 pr. annum, to be
paid out of t lie treasury quarterly, the y>ny to begin from the
day of the date hereof. This order to stand in force for a

CONNECTICUT.

year, and until] the general court make another order to
the contrary.

It is also ordered, that Captn. Mason shall train the mil-
itary men thereof in every plantation ten days in every year,
(so as it be not in June or July,) giving a weeks warning
before hand, and whosoever is allowed a soldier, and fail to
come at the time appointed by the said publick officer, to
pay for his default 3s Ad for that time, and if it be usual,
for the second offence 5s. and if not amended, then the said
delinquent is to be bound to answer it at the next court.

Item. — It is ordered, that all the sons shall bear arms,
that are above the age of sixteen years, unless they do ten-
der a sufficient excuse to court, and the court allow the
same.

It is ordered, that there shall be a magazine of powder
and shot in every plantation, that the supply of military
men, if occasion serve — Hartford two barrells, Windsor one
barrell of powder, 3001b. lead, ¥/eathersfield 1 barrell of
powder and 3001b. lead, Agawam half a barrell of powder
and 1501b. lead, and every military man is to have continu-
ally in his house in readiness, half a pound of good pow-
der, two pounds of bulletts, suitable to his piece, one pound
of match, if his p;ece be a match sort, and whosoever fails
of his half pound of powder, two pounds of bulletts and
match, to pay as far every time that is wanting. The plan-
tations or plantation for not providing the said magazine of
powder and lead within this three months, to pay forty shill-
ings, and ten shillings for every month until it be provided.

It is ordered, that there shall be a measure of each planta-
tion brought to Hartford on the next particular Court, and
then there will be a settled course for a measure in each
plantation. The Gen'l Court is appointed on 22d of this
instant month.

It is ordered, that all orders formerly made concerning
military discipline until the orders of court, shall be void.

Whereas it was ordered orto die, last that there should be

83 BLUE LAWS OF

ft restraint of Trading for corn, in regard of some with Mr.
Pynclicon to supply the plantations, upon consideration of
Mr. Pyncheon, that he is somewhat fearfull of supplying
the plantations, and whereas there is a clause in case of ne-
cessity the magistrates may dispence with the orders. It is
therefore Ordered, that Mr. Ludlow and Captain Mason, or
either of them, taking likewise such with them as shall he
meete, shall trade to supply their own necessities and the
necessities of some others that are in want.

It is ordered in the setting forth clause, that Mr. Phelps,
Mr. Whiting, Mr. Winchel) is to agitate that business for
the commonweal 111.

Upon the complaint of Amarnett and the Indians cohab-
iting with him about Lieut. Holms1 s denying the planting of
the old ground planted last year about Plymouth house. It
was ordered, that they should plant the old ground, they
planted the last year, for this year only, and they arc to sett
their wigwams in the old ground, and not Without.

\A general court at Hartford, the 5th day of Jan'y, 1636.

Thomas Ford, Mr. Plumb, Mr. Hubbard, Mr. Ludlow, Mr.
Phelps, Mr. Pincheon, Mr. Marshall, Mr. Welles, Mr. Smith,
Captain Mason, Thomas Ford, Thomas Marshall, Mr. Ray.
ner, George Hubbard, are fined Is. apiece, for failing at the
hour appointed, which 7 of the clock.

It. is ordered, that there shall be five sent to Warranock
Indians to declare unto them that we have a desire to speak
unto them, to hear the reasons why they said they were
afraid of us, and if they will not come unto us willingly,
then to compcll them to come by violence, and they may
have two of the English as pledges in the mean time, and
to trade with them for corn if they can.

It is ordered, thatCapt'n Mason, Tho's Stanton, Jeremy
Adams, John Giles, and Tho's Merrick, and if Tho's Mer-
rick be gone to Agawam, then Captain Mason to take an-
other, whome he please shall go in the said service, and if

CONNECTICUT.

he see cause to have hostages, he may, if he see cause to go
to Agawain.

It is thought meet that the cutlasses that were in the last
service, shall be made good to the commonwealth, and
made as servicible as before, and that Richard Lord shall
take such cutlasses into his custody as are in the meeting
house at Hartford, and make them up, and when they be
fitted up, the said Lord is to bring in his noate, and the courte
to appoint one to view the same, and when they are certified
to be in good kelter, there must be speedy course taken by
the court, that speedy payment be made to s'd Lord.

It is ordered, that there be a warrant directed to the several
collectors of each plantation, to make their returns to the
Treasurer within these 25 days, or else to answer their con*
tempt at the next particular Court.

Whereas there is a desire of the neighbours of Hartford,
that there may be a publick highway for carte and horse
upon the upland, between the said Hartford and Windsor,
as may be convenient. It is therefore thought meet, that

Henry Wolcott the younger, and Mr. Stephen ■ and

William Westwood, and Nathaniel Ward, shall consider of
fitting and convenient highway, to be marked and sett out,
and bridges made over the swamps. And then it being
confirmed by the Court, the Inhabitants of Hartford may
with making a comely and decent stile for foot, and fence
up the upper end of the meadow, this to be done by monday

seven night, upon penalty of 10s. every default. It

is ordered, that with the consent of Mr. Pyncheon, that the
said Mr. Pyncheon shall within these 18 days, pay Mr. Whit-
ing forty pounds, by sending down as much corn as the s'd
<£40 comes to, or else to pay him, the said Mr. Whiting in
good merchantable beaver at 9s pr pound, provided that if in
the day the said Whiting can put it away at a higher rate,
the said Pyncheon to have the benefit of it — If it be put away
at a loss, the s'd Pyncheon to stand, and the said Pyncheon

BLUE LAWS OF

may write to his friend to see that the said Whiting does his
best for the said Pyncheon's advantage.

It is ordered, that the indian corn brought into the plan-
tations for the supply of their necesseties, either by agree-
ment with Mr. Pyncheon or any other, by a general trade,
shall go at 5s 6rf in money, in Wampum at. 3s Id per bushell,
or if in beaver, according to the order, at 9s per pound —
yet this is not in any way to infringe the bargain formerly
made with Mr. Pyncheon for so much corn as he brings
in. It is ordered, that these men following, shall receive
the corn aforesaid, for the plantations, according to their
proportion agreed on, and shall give an exact account of
what every man hath, at the rates aforesaid, the men ap-
pointed for this service, are Henry Wolcott the younger, for
Windsor, Edward Stebbins and Thomas Scott for Hartford,
for W eathersfield, Mr. Plumm. It is also ordered, that such
as are in want of corn or like to be, between this and har-
vest, must give in their names and wants, to the parties afore-
said of the several Plantations, and they are to return it in
the next particular Court, provided that the receivers of corn
aforesaid, are not to deliver any corn, without the present
payment formerly mentioned.

It is ordered, that Thomas Stanton shall have for the ser-
vice he hath done for the country allready past, ten pounds.
It is Ordered, that Thomas Stanton shall be a publick Offi-
cer for to attend the Court uppon all occasions, either gen-
eral or particular, as also any meeting of the magistrates,
to interpret between them and the Indians, and also is to
have for it £1Q pr. year.

It is ordered, that where any company of Indians do sett
down near any English Plantation, that they shall declare
who is their Sachem or Chief, and that the s'd Chief or Sa-
chem shall pay to the said English, such trespass's as shall
be committed by any Indians in the said Plantation adjoin-
ing, either by sporting, or killing of cattle, or swine, cither
with traps, dogs, or arrows : and they are hot to plead, that

CONNECTICUT. 85

it was done by strangers, unless they can produce the party,
and deliver him or his goods into the custody of the English,
and they shall pay the double, if it was voluntarily done.

Whereas there was some complaint made against Wm.
Pyncheon of Agawam, for that as was conceived, and uppon
proofe appeared he was not soe carefull to promote the pub-
lick good in the trade of corne, as he was bound to doe.
It is ordered that the said Pyncheon shall with all conven-
ient speede, pay as a fine for his soe failinge, forty bushells
of Indian corn, to be delivered to the Treasurer, to be dis-
posed of as shall be thought meete.

Whereas, uppon full debate and hearing, the matters of
injuries and differences between Soheage, an Indian, the
Sachem of Pyquaagg, now called W eathersfield, and the
English Inhabitants thereof, and it appeared to the Court,
that there hath been diverse injuryes offered by some of the
said English Inhabitants to the said Soheage : as also the
said Soheage and his men have likewise committed diverse
outrages and wrongs against the said English, yet because,
as was conceived, the first breach was on the s'd English part
All former wrongs whatsoever, are remitted on both sides,
and the Soheage is again received into amity to the s'd En-
glish, and Mr. Stone, Mr. Goodwine, and Thomas Stanton,
are desired to goe to the said Soheage, and to treat with
him according to their best discretion, and to compose mat-
ters between the s'd English and the s'd Soheage.

It is ordered, that there shall be Is. pr. skin of beaver
paid to the publick, out of the trade of beaver, to be paid
unto the Treasurer every halfe year — This order to stand for
a year, and untill the Courte take other Order to the Con-
trary. It is Ordered, that none shall trade in this river
with the Indians for beaver but those that are hereafter
named, viz. For Agawam, Mr. Pyncheon, For Windsor,
Mr. Ludlowe, Mr. Hull, For Hartford, Mr. Whytinge,
Tho's Staunton, Weathersfield, Thomas Hubbard and Rich-
ard Law's, and if any trade for beaver, other than arefore-
8

BLUE LAWS OF

named, they shall forfeit 5s. per pound, to be paid for every
pound they shall soe trade.

Hth 1638.

It is Ordered, that the Treasurer shall deliver no money
out of his hands to any person, without the hands of two
Magistrates, if the same be above twenty shillings, if it be
under, then the Treasurer is to accept, if the hand of one.
But if it be for the payment of some bylls to be allowed,
which are referred to some Committees to consider of,
whether allowed or not, that such bylls as they all owe and
sett their hands unto, the Treasurer shall accept and give
satisfaction.

THE CONSTITUTION OF HARTFORD, WEATIIERSFIED AND

Windsor, in 14th jan'v. 1638.

(The first Governor ever chosen in the colony of Connec-
ticut was in April 1639, as follows.)

April 1639, General Meeting.

John Haynes Esq. was chosen Governor for this year and
untill a new be chosen, Roger Ludlowe, Deputy Governor.

George Wyllys, Thomas Welles, Wm. Phelps, Edward
Hopkins, John Webster, were chosen to eissist in the magis-
tracy for the year ensuing and all took the oath appointed
for them. Edward Hopkins was chosen Secretary for the
year ensuing.

John Edmunde, Aaron Starke, and John Williams were
censured for violence.

John Williams to be whipt at a carts podex upon a Lec-
tion day at Hartford.

John Williams to stand upon the Pillory from the ringing
of the first bell, to the end of the Lection, then to be whipt
in like manner at Windsor within eight days following.

Aaron Stark to stand upon the pillory and to be whipt as
Williams, and to cause the letter R. burnt upon his cheek

CONNECTICUT.

and in regard to the wrong done to Mary Holt, to pay her
parents =£10, and in defect of such payment to the com-
monwealth when both are fit for that condition to marry
her. It is the mind of the Court that Mr. Ludlow and Mr.
Phelps see some publick punishment iflicted upon the girl
for concealing it so long.

August the 1st, 1639.

John Bennet and Mary Holt, were both sentenced to be
whip't. for unclean practices, and the girls master is enjoin-
ed to send her out of this jurisdiction before the last of next
month.

These following were sentenced and jfined for unreason-
able and immoderate drinking at the pennace. Thomas

Cornwell 30s. John Lattimer, 15s. Matthew, 10s.

Sam'l. Kitwell, 10s. Thomas Upson, 20s.

John Moody had an attachment upon the goods of Thom-
as James for a debt of five pounds of tobacco.

A GENERAL COURT AT HARTFORD, THE 8tH OF AUG. 1639.

John Hayncs Gov. — Roger Luellow, Deputy.

(The assistants and Committee, the same.)
The Constables of Hartford were fined 2s. 6d. for not
returning their warrants according to order, being much
favored in regard, it was the first time and one of them
sick.

It is ordered that the military men shall be trained at eve-
ry six days in the year. The times are to be chosen at the
discretion of the court, only the months of May, June and
July are excepted unless it be uppon special occasion.

The Treasur's. accornpts being audited the country was
found indebted to him <£16. 10s. 6cl. Mr. Governor, Mr.
Deputy, and Mr. Welles or any two of them are entreated
to go to the rivers mouth to consult with Mr Fenwich about

BLUE LAWS OF

a treaty of combination which is desired again to be on foot
with the Bay.

The occasions of the commonwealth being taken into
consideration it was thought and ordered, that a rate of .£100
be made in these plantations, and Mr. Talcott, Mr. Hull,
and Mr. Tapping are entreated to apportion it upon the sev-
eral plantations to be paid in the one half within a month
and the other within three months.

August the l&th, 1639. — A meeting of the General court,
which was adjourned untill this day.

Mr. Treasurer had orders to call in for all the fines due to
the country and for such monies as are due from the traders
for beaver.

The manifold insolences that have been offered of late by
the Indians, put the court in mind of that which hath been too
long neglected, to wit, the execution of justice upon the
former murtherers of the English, and it was upon serious
consideration and debate, thought necessary and according-
ly determined that some speedy course betaken thereon, and
for effecting hereof it was concluded that one hundred men
be levied and sent down to Mattabeseek where seucraJ guil-
ty persons reside and have been harboured by Soheage, not-
withstanding all means by way of preservation have been
formerly used to him for surrendering them upp into our
hands — And it is thought that these councils be imparted to
our friends at (Juinnissiacke, that provision may be made
for the safety of the new plantations, and upon their Joint
consent to proceede or desist.

Tiie £100 Rate was laid upon the several Towns in this
Proportion— Hartford £43, Windsor £28 : 6: 8, Weathers-
field £28 : 13: 4— Adg'd to 26th of this month.

August the 26*7* 1G39.

Mr. Webster informed the Court that according to the
determination of the last meeting — Mr. Deputy, Mr. Welles

CONNECTICUT.

and himself, acquainted our friends at Quinnissiache, with
their purposes concerning the murtherers, and desired the
concurrence of their apprehensions therein, who fully ap-
proving of the thing, yet intimated their thoughts, some-
what to differ from ours, in the present execution of it in re-
gard of some new plantations, that are now beginning, and
some inconvenience which may fall upon those parts of the
country, by a noise of a new warr, which may hinder the
coming of ships the next year. Whereas diverse of the Pe-
quotts who were given to Uncas, and Antinemo, have plant-
ed again part of the land which was conquored by us, con-
trary to our agreement with them, it was thought fit, and or-
dered, that forty men be proportioned out of the several
plantations and immediately sent away to gather the corn
there planted by them. The men proportioned for the sev-
eral Towns, Windsor 13, Hartford 17, Weathersfield 10 —
It was refered to Mr. Governor, Mr. Wyllys, Mr. Phelps,
Capt. Mason, and Mr. Ward, to agitate this business, and
bring it to an issue with what speed may be, and they have
power to press 20 Arms, 2 Shallops, and two Canoes for
this service.

It was concluded that there be a publick day of Thanks-
giving in these plantations, upon the 18th of this month. —
This Court is dissolved.

September 5, 1639, John Haynes Gov'r.

Hopkins, Phelps, Welles, and Webster, —
Richard Lyman complaineth against Sequassen, for burn-
up his hedge, which before Mr. Governor, he formerly prom-
ised to satisfy for, but yet hath not done it — Sequassen, ap-
peared and promised to pay within four days or else an at-
tachment to be granted.

Samuel Ireland, was fined 10s for contempt of the Court,
in not appearing upon a warrant served upon him — Upon
his submission he paid 5s and was acquitted.
8*

90 BLUE LA.WS OF

October the 3d, 1G39.

Haynes, Webster, Ludlow, Phelps, Wyllys, Hopkins,
Welles.

Edward Hopkins, vs. Francis Stiles, in behalf of John
Woodcock, in an action for breach of Covenant.

The Jury find that the Def tJhath in his hands £80, and
£150 for|the purchase of the house, and for not taking in
400 acres of ground according to bargain, that Mr. Stiles
should take the house back again, and repay the ,£230, with
£70sdamages, costs 10s 8d.

It is ordered, that the soldiers in the last, exploit, shall bo
paid for nine days at 2s per day. The money to be paid to
the Constables of every Town, and he to deduct the cost of
the provision he pressed for them.

September lQth 1639.

Mr. Deputy was fined 5s 8*7 for being absent.
The Constables of Windsor were fined for not returning
the warrant of the Committee that were chosen for that

FY* _

! own.

Mr. Lenwick, Mr. Whiting, Mr. Hill, and Mr. Ward, are
nominated by the Court to be presented to the vote of the
Country for magistrates at the Court in April next, (provided
Mr. Lenwick, and Mr. Whiting, shall be Fremen by that
time.)

SAYBROOK PLATFORM, TAKEN FROM THE STATE RECORD.

At a General Assembly and Court of Election, holdcn at
Hartford, May \Wi, 1708.

This assembly, from their own observation, and the com-
plaint of many others, being made sensible of the defects
of the discipline of the Churches of this government, aris-
ing from the want of a more explicit asserting of the rules
given for that end in the holy scriptures ; from which would

CONNECTICUT.

arise a permanent establishment among ourselves, a good
and regular issue in cases, subject to Ecclesiastical disci-
pline, glory to Christ our head, and edification to his mem-
bers, hath seen fit to ordain and require, and it is by the
authority of the same, ordained and required, that minis-
ters of the several Counties in this government, shall meet
together, at their respective County towns, with sush mes-
sengers, as the churches to which they belong shall see
cause to send with them, on the last monday in June next ;
there to consider upon those methods and rules for the man-
agement of Ecclesiastical discipline, which by them shall
be judged agreeable and conformable to the word of God,
and shall, at the same meeting, appoint two or more of their
number to be their delegates, who shall all meet together at
Saybrook, at the next commencement, to be held there,*
where they shall compare the results of the ministers of the
several counties, and out of, and from them, to draw a form
of Ecclesiastical discipline, which, by two or more persons,
delegated by them, shall be offered to this Court, at their
session at New Haven, in October next; to be considered
of, and confirmed by them: And the expense of the above
mentioned meetings shall be defrayed out of the public
treasury of this Colony.

According to the act of the Assembly, the ministers and
Churches of the several Counties, convened at the time ap-
pointed, and made their respective drafts for discipline, and
chose their delegates for the general meeting at Saybrook
in September.

SAYBROOK PLATFORM.

At a meeting of delegates from the councils of the sever-
al Counties of Connecticut Colony in' New England, In
America, at Saybrook, Sept. 9th, 1708.

* Yale College was first located at Saybrook, and continued there until
about 1G16, or 1G17.

BLUE LAWS OF

PRESENT.

From the Council of Hartford County : — the Rev. Tim-
othy Woodbridge, Noadiah Russell, and Stephen Mix.
Messenger, John Haynes, Esq'r.

From the Council in Farfield County : — The Rev. Charles
Chauncey and John Davenport. Messenger, Deacon Sam-
uel Iloyt.

From the Council in New London County : — The Rev.
James Noyes, Thomas Buckingham, Moses Noyes, and
John Woodward. Messengers, Robert Chapman, Deacon
William Parker.

From the Council of New Haven County : — The Rev.
Samuel Andrew, James Pierpont and Samuel Russell.

The Rev. James Noyes and Thomas Buckingham, being
chosen Moderators. The Rev. Stephen Mix and John
Woodward, being chosen scribes.

In compliance with an order of the general Assembly,
May 13th, 1708, after humble addresses to the throne of
grace for the divine presence, assistance and blessing upon
us, having our eyes upon the word of God, and the Con-
stitution of our Churches, we agree that the confession of
faith owned and assented unto by the Elders and messen-
gers assembled at Boston in New England, May 12th, 1680,
being the second session of that Synod, be recommended to
the honorable general Assembly of this Colony, at the next
session, for their public testimony thereunto, as the Faith of
the Churches of this Colony.*

We aoree also, that the heads of agreement assented to
by the united ministers, formerly called Presbyterian and
Congregational, be observed by the Churches throughout
this Colony.

And for the better regulation of the administration of

* " This was the Savoy Confession, with some small alterations." —
Trum. Hist. Con.

CONNECTICUT.

Church discipline, in relation to all cases Ecclesiastical,
both in particular Churches and Councils, to the full deter-
mining and executing the rules in all such cases, it is
agreed.

I. That the Elder or Elders of a particular Church,
with the consent of the brethren of the same, have power,
and ought to exercise Church discipline, according to the
rule of God's word, in relation to all scandals that fall out
within the same. And it may be meet, in all cases of diffi-
culty, for the respective pastors of particular Churches, to
take advice of the Elders of the Churches in the neighbor-
hood, before they proceed to censure in such cases.

II. That the Churches which are neighboring to each
other, shall consociate, for mutual affording to each other
such assistance as may be requisite, upon all occasions Ec-
clesiastical. And that the particular pastors and Churches,
within the respective Counties in this government, shall
be one consociation, (or more, if they shall judge meet,) for
end aforesaid.

III. That all cases of scandal, that fall within the cir-
cuit of any of the aforesaid Consociations, shall be brought
to a council of Elders, and also messengers of the Churches
within the said circuit, i. e. the Churches of the Consocia-
tion, if they see cause to send messengers, when there shall
be need of a Council for the determination of them.

IV. That according to the common practice of our
Churches, nothing shall be deemed an act or judgment of
any Council, which hath not the act of the major part of
the Eiders present concurring, and such a number of the
messengers present, as makes the majority of the Council :
provided, that if any such Church shall not see cause to
send any messengers to the Council, or the persons chosen
by them shall not attend, neither of these shall be any ob-
struction to the proceedings of the Council, or invalidate
any of their acts.

V. That when any case is orderly brought before any

BLUE LAWS OP

Council of the Churches, it shall there be heard and de-
termined, which, (unless orderly removed from thence,)
shall be a final issue ; and all parties therein concerned,
shall sit down and be determined thereby. And the Coun-
cil so hearing and giving the result or final issue in said
case as aforesaid, shall see their determination or judgment,
duly executed and attended, in such way or manner, as shall
in their judgment be most suitable and agreeable to the
word of God.

VI. That if any pastor and Church doth obstinately re-
fuse a due attendance and conformity to the determination
of the Council, that hath the cognizance of the case and
determineth it as above, after due patience used, they shall
be reputed guilty of scandalous contempt, and dealt with as
the rule of God's word in such case doth provide, and the
sentence of non-communion shall be declared against such
pastor and Church. And the Churches are to approve of
the said sentence, by withdrawing from the communion of
the pastor and Church which so refused to be healed.

VII. That in case any difficulties shall arise in any of
the Churches in this Colony, which cannot be issued with-
out considerable disquiet, that Church in which they arise,
(or that minister or member aggrieved with them,) shall
apply themselves to the council of the consociated Churches
of the circuit to which the said Church belongs; who, if
they see cause, shall thereupon convene, hear and deter-
mine such cases of difficulty, unless the matter brought be-
fore them shall be judged so great in the nature of it, or so
doubtful in the issue, or of such general concern, that the
said c uncil shall judge best that it be referred to a fuller
Council, consisting of the Churches of the other Consocia-
tion within the same County, (or of the next adjoining con-
sociation of another County, if there be not two Consocia-
tions in the County where the difficulty ariseth,) who, to-
gether with themselves, shall hear, judge, determine, and
finally issue such case, according to the word of Gi.d.

CONNECTICUT.

VIII. That a particular Church, in which any difficulty
doth arise, may, if they see cause, call a council of the
Consociated Churches of the circuit, to which the Church
belongs, before they proceed to sentence therein ; but there
is not the same liberty to an offending brother, to call the
Council, before the Church to which he belongs, proceed
to excommunication in the said case, unless with the con-
sent of the Church.

IX. That all the Churches of the respective Consocia-
tions shall choose, if they see cause, one or two members
of each Church, to represent them in the Councils of the
said Churches, as occasion may call for them, who shall
stand in that capacity til new be chosen for the same ser-
vice, unless any Church shall incline to choose their mes-
sengers anew, upon the convening of such Councils.

X. That the minister or ministers of the County towns,
or where there are no ministers in such towns, the two next
ministers to the said town, shall, as soon as conveniently
may be, appoint time and place, for the meeting of the El-
ders and messengers of the Churches in said County, in
Drder to the forming themselves into one or more Consoci-
ations, and notify the time and place to the Elders and
Churches of that County, who shall attend at the same, the
Elders in their persons, and the Churches by their messen-
gers, if they see cause to send them. Which Elders and
messengers, so assembled in council, as also any other here-
by allowed of, shall have power to adjourn themselves, as
need shall be, for the space of one year, after the begin-
ning or first session of the said Council, and no longer.
And that minister who was chosen at the last session of any
Council, to be moderator, shall, with the advice and con-
sent of two more Elders, (or in case of the moderator's
death, any two Elders of the same consociation,) call an-
other Council within the circuit, when they shall judge
there is need thereof. And all Councils may prescribe rules
as occasion may require, and whatever they judge needfull

BLUE LAWS OF

within their circuit, for the well performing and orderly
managing the several acts, to be attended by them, or mat-
ters that come under their cognizance.

XI. That if any person or persons, orderly complained
of to a council, or that are witnesses to such complaints,
(having regular notification to appear,) shall refuse, or neg-
lect so to do, in the place, and at the time specified in the
warning given, except they or he give some satisfying rea-
son thereof to the council, they shall be judged guilty of
scandalous contempt.

XII. That the teaching Elders of each County shall be
one association, (or more, if they see cause,) which associa-
tion or associations, shall assemble twice a year at least, at
such time and place as they shall appoint, to consult the du-
ties of their office and the common interest of the churches,
who shall consider and resolve questions and cases of im-
portance which shall be offered by any among themselves or
others ; who also shall have power of examining and recom-
mending the candidates of the ministry to the work thereof.

XIII. That the said associated pastors, shall take notice
of any among themselves, that may be accused of scandal or
heresy, unto or cognizable by them, examine the matter
carefully, and if they find just occasion, shall direct to the
calling of the council, where such offenders shall be duly
proceeded against.

XIV. That the associated pastors shall also be consulted
by bereaved churches, belonging to their association, and
recommend to such Churches, such persons as may be
fit to be called and settled in the work of the gospel minis-
try among them. And if such bereaved Churches shall not
seasonably call and settle a minister among them, the said
associated pastors shall lay the state of such bereaved Church
before the General Assembly of this Colony, that they may
take order concerning them, as shall be found necessary for
their peace and edification.

XV. That it be recommended as expedient, that all the

CONNECTICUT. 97

associations in this Colony, do meet in a general associa-
tion by their respective delegates, one or more out of each
association once a year, the first meeting to be at Hartford
at the general Election, next ensuing the date hereof, and
so annually in all the Counties successively, at such time
and place, as they the said delegates, shall in their Annual
Meetings appoint.

At a General Court holden at Neio Haven, October 1708.

The Reverend Ministers, delegates from the Elders and
Messengers of this government, met at Saybrook Sept. 9th,
1708, having presented to this Assembly, a confession of
faith, and heads of agreement, and regulations in the ad-
ministration of Church discipline, as^-unanimously agreed
and consented to by the Elders and Churches in this gov-
ernment ; this Assembly doth declare their great approba-
tion of such an happy agreement, and do ordain, that all the
Churches within this government, that are, or shall be thus
united in doctrine, worship and discipline, be, and for the
future shall be owned and acknowledged, established by
law ; provided always, that nothing herein shall be intended
or construed to hinder or prevent any society or Church,
that is or shall be allowed by the laws of this government,
who soberly differ or dissent from the united Churches here-
by established, from exercising worship and discipline in
their own way, according to their consciences.

October, 1768.

An Act for publishing the oaths of Allegiance and Su-
premacy, Declaration against Popery, and oath of abjura-
tion as the same are to be administered, agreeable to act of
Parliament.

Be it enacted by the Governor, Council and Representa-
tives, in General Court Assembled, and by the authority of
the same, that the oaths provided by act of Parliament, in-
stead of the oaths of Allegiance and Supremacy; the Dec-
9

BLUE LAWS OF

laration gainst Popery, and also the oatli of abjuration, agree-
able to the form prescribed by a late act of Parliament,
passed in the sixth year of His present Majesty's Reign, be
printed with the Acts of this Assembly which are as follows,
viz :

I, A. B., do sincerely promise and swear, that I will be
faithful and bear true allegiance to His Majesty King George
the third, so help me God.

I, A. B., do swear, that I do from my Heart, abhor, de-
test and abjure as impious and heretical, that damnable
Doctrine and position, that Princes excommunicated or de-
prived by the Pope or any authority of the See of Rome,
may be deposed or Murthered by their Subjects, or any
other whatsoever, and I do declare that no foreign Prince,
person, Prelate, State or Potentate, hath or ought to have
any Jurisdiction, power, superiority, preeminence or au-
thority, Ecclesiastical or Spiritual, within the Realm of
Great Britain, so help me God.

I, A. B., do solemnly and sincerely in the presence of
God, profess, testifie and declare, that I do believe, that in
the Sacrament of the Lord's Supper, there is not any tran-
substantiation of the Elements of Bread and Wine, into the
Body and Blood of Christ, at or after the consecration there-
of, by any person whatsoever ; and that the invocation or
adoration of the Virgin Mary, or any other Saint, and the
Sacrifice of the Mass, as they are now used in the Church
of Rome, are Supertitious and Idolatrous.

And I do solemnly in the presence of God, profess, testi-
fie and declare, that I do make this declaration, and every
part thereof ; in the plain and ordinary sense of the words
read unto me, as they are commonly understood by English
Protestants, without any evasion, equivocation or mental
reservation whatsoever, and without any dispensation alrea-
dy granted me for this purpose, by the Pope or any author-
ity or person whatsoever, and without any hope of any such
dispensation from any authority or person whatsoever ; or

CONNECTICUT.

without thinking that I am or can be acquitted before God
or man, or absolved of this declaration or any part thereof,
although the Pope or any other person or persons, or pow-
er whatsoever, should dispence with or annul the same, or
declare that it was null and void, from the beginning.

I, A. B. do truely and sincerely acknowledge, profess,
testifie and declare in my conscience, before God and the
world, that our Sovreign Lord King George, is lawful and
rightful King of this Realm, and all other his Majesty's
Dominions and Countries thereunto belonging And I do
solemnly and sincerely declare, that I do believe in my
conscience, that not any of the descendents of the person
who pretended to be Prince of Wales, during the life of
the late King James the second, and since his Decease pre-
tended to be, and took upon himself the stile and title of
King of England, by the name of James the third, or of
Scotland by the name of James the eighth, or the stile and
title of King of Great Britain, hath any right or title what-
soever to the Crown of this Realm, or any other the Domin-
ions thereunto belonaing. And I do renounce, refuse and
abjure allegiance or obedience to any of them; and I do
swear that I will bear faith and true allegiance to His Ma-
jesty King George, and him will defend to the utmost of my
power, against all Traiterous conspiracies and attempts
whatsoever, which shall be made against his person, Crown
or dignity, and I will to my utmost endeavour to disclose
and make known to his Majesty, and his successors, all
Treasons and Traiterous conspiracies, which I shall know
to be against him, or any of them. And I do faithfully
promise to the utmost of my power, to support, maintain
and defend the succession of the Crown against the De-
scendants of the said James, and against all other persons
whatsoever; which succession by an act intituled " an Act
for the further limitation of the Crown and better securing
the rights and liberties of the subject, is and stands limited

100

BLUE LAWS OP

to the Princes Sophia, Electoress and Duchess Dowager
of Hanover, and the Heirs of her hody, being Protestants.

And all these things I do plainly and sincerely acknowl-
edge and swear according to these express words by me
spoken, and according to the plain common sense and un-
derstanding of the same words, without any equivocation,
mental evasion or secret reservation whatsoever. And I do
make this recognition, acknowledgment, abjuration, renun-
ciation and promise, heartily, willingly and truly, upon the
true faith of a Christian.

The following are orders of the General Court ( or Le-
gislature) of the Colony of Count, passed at the time of
the date of each order.

1(540. — Notwithstanding the late order concerning- the
Excess of apparel, yet divers Persons of severall Ranks
are obsearved still to exceede therein. It is therefore Or-
dered, that the Constables of every towne within there
Libertyes shall observe and take notice of any particular
Person or Persons, within thier several Lymits, and all
such as they judge to exceed thier condition and Rank
therein, they shall present and warn to appear at the par-
ticular Court, as also the said Constables are to present to
the said Court all such persons as sell thier commodities
at excessive rates ;* and the said Court hath power to cen-
sure any disorders in the particular before mentioned.

1G41. — For as much as the Court having lately declared
their apprehensions to the Country concerning the excess
in wages amongst all sorts of artificers and workmen, and
hoping thereby, men would have been a Law unto them-
selves, but finding little reformation thereon. The said
Court hath therefore ordered, that sufficient able Carpen-
ters, plowrights, wheelrights, masons, Joyners, Smithes,
and coopers, shall not take above 20 pence for a days work

* Flour at $ 12,50, would endanger the flour merchant.

CONNECTICUT.

101

from the 10th of March to the 10th of October, and not
above 18 pence a day for the other part of the yere, and
to work ten hours in the day in the summer tyme, besides
that which is spent in eating or sleeping, and six hours in
the winter. Also, mowers for the tyme of mowing, shall
not take above 20 pence for a days work.

1641. — It is ordered that all artificers or handicraftsmen
and chief Labourers, shall not take above Is 6d a day for
the first halfe year, and not above 14cZfor the other part of
the yeare ; and if said worke is lett or taken by the great
or parcell by any workmen, Labourers or artificers, it shall
be valued by the proportion afores'd. Also, Sawyers, shall
not take above 4s 2d for slit work, nor above 3s 6d for
boards by the 100. It is also ordered, that four of the bet-
ter sort of oxen or horses with the tacklin, shall not be val-
ued at above 4s 6d the day from March to October.

1641 —It is ordered that Mr. Steele, Mr. Welles, Mr.
Plumb, and James Bussy, shall runne the Lyne west into
the Count?-?/ betwixt Hartford and Weathersfield, to begin
at the great River against the marked tree.

1641. — The Court is adjourned to the 1st Wednesday
in January, to meet at the Governors House after the Lec-
ture.

1641. — It is Ordered that Capt'n 3Iason shall have 500
acres of ground for him and his Heirs about Pequoyt
country, and the dispose of 500 more to such souldiers as
joyned with him in the service when they conquered the
Indians there.

THE OATH OF A FREEMAN IN 1640.

I, A. B. being by the Providence of God, an Inhabitant
within the jurisdiction of Connecticutt, do acknowledge
myselfe to be subject to the government thereof, and do

103

BLUE LAWS OF

sweare by the greate fearfull name of the Everliving God,
to be true and faithfull unto the same, and do submit both
my person and Estate thereunto, according to all the
wholsom Laws and Orders that there are or hereafter shall
be there made by lawfull authority; and I will nether plott
nor practice any evill against the same, nor consent to any
that shall so doe, but will tymely discover the same to au-
thority there established ; and that I will, as I am in duty
bound, mayntayn the honor of the same, and of the lawfull
Magistrates thereof promoting the public good of y't
whilst I shall so continue an inhabitant there; and when-
ever I shall give my vote touching any matter which con-
cerns this commonwealth being called thereunto, will give
it as in my conscience I shall Judge may conduce to the
best good of the same without respects of Persons or fa-
vour of any man, so help me God in our Lord Jesus Christ.

CAPITALL LAWES OF CONNECTICUT, ESTABLISHED BY THE
GENERALL COURT THE FIK5T OF DECEMBER, 1043.

1. Yf any man after legall conviction, shall have or
worship any other God but the Lord God, he shall be put
to death. Deu. 13 ; 0, and 17. 2 Ex. 22 ; 20.

2. Yf any man or woman be a Witch, (that is) hath or
consulteth w'th a familliar spirit, they shall be put to death.
Ex. 22; 18. Lev. 20 ; 27. Deu. 18 ; 10, 11.

3. Yf any p'son shall blaspheme the name of God the
ffathcr, Son or Holy Goste w'th direct, express pr'sumptu-
ous or highanded blasphemy, or shall curse God in the like
manner, he shall be put to death. Lev. 24 ; 15, 10.

4. Yf any p'son shall comitt any willfull murther, w'ch
is manslaughter comitted vppon mallice, hatred or cruelty,
not in a mans necessary and just defence, nor by mere cas-
ualty against his will, he shall be put to death. Ex. 2] ;
12, 13, 14. Num. 35; 30, 31.

5. Yf any person shall slay another through guile, ether

CONNECTICUT.

103

by poysonings or other such Diuilish (Devlish) practices,
he shall be put to death. Ex. 21 ; 14.

6. Yf any man or woman shall ly vv'th any Beast or
brut creature by carnall copulation, they shall surely be
put to death, and the Beast shall be slayne'and buried.
Lev . 20 ; 15, 16.

7. Yf any man lye w'th mankind as he lyeth w'th a wo-
man, both of them have comitted abomination, they both
shall surely be put to Death. Lev. 20; 13.

8. Yf any p'son comiteth Adultery w'th a married or
espoused wife, the Adulterer and the Adulteres shall surely
be put to Death. Lev. 20 ; 10 and 18, 20. Deu. 22 ; 23, 24.

9. Yf any man shall forcibly and w'thout consent rau-
ishe any mayd or Woman that is lawfully married or con-
tracted, he shall be put to Death. Deu. 22 ; 25.

10. Yf any man stealeth a man or mankind, he shall be
put to Death. Ex. 21 ; 16.

11. Yf any man rise vp by false witness, wittingly and
of purpose to take away any man's life, he shall be put to
Death. Deu. 19 ; 16, 18, 19.

12. Yf any man shall conspire or attempte any Inuasion,
Insurrection or Rebellion against the comon vvelth, he
shall be put to Deth.

13. Yf any childe or children aboue sixteene yeers old,
and of sufficient understanding, shall curse or smite their
natural father or mother, hee or they shall bee put to Death ;
unlesse it can bee sufficiently testified that the parents have
beenevery vnchristianly negligent in the education of such
children, or so provoake them by extreme and cruel cor-
rection that they have beene forced thereunto to preserve
themselues from Death or maiming. Ex. 21 ; 17. Lev.
20. Ex. 20 ; 15.

14. Yf any man have. a stubborne and rebellious sonne,
of sufficient yeares and vnderstanding, viz., sixteene yeares
of age, which will not obey the voice of his father or the
voice of his mother, and that when they haue chastened

104

BLUE LAWS OP

him, will not hearken vnto them ; then may his father and
mother, being his naturall parents, lay hold on him and
bring him to the Magestrates assembled in courte, and tes-
tify vnto them, that theire sonne is stubborne and rebellious,
and will not obey their voyce and chastisement, but lives
in sundry notorious crimes, such a sonne shall bee put to
Death. Deu. 21 ; 20, 21.

1642. It is Ordered that there shall be a guard of forty
men to come compleat in their arms to the meeting every
Sabbath, and Lecture Day, in every tovvne within these Lib-
erties upon the River.

1042. It is Ordered, that there shall be 90 Coats provi-
ded within these plantations within ten days basted with
cotton wool, and made defensive against Indian arrows, —
(i. e.) Hartford 40— Windsor 30— Weathersfield 20.

1042. It is Ordered that no man within these Libertyes
shall refuse merchantable Indian come, at the rate of 2s Gd
the bushel for any contract made for the labour of men or
cattle or commodityes is sold after the publishing this order.

1043 It is Ordered that all the Souldiers in the severall
Towns within this Jurisdiction, shall be trayned sixe days
yearely as they shall be appoynted by the Captain or other
Officers.

1643. Whereas many complaynts are brought into the
Courte by reason of diverse abuses that fall out by severall
persons that sell Wyne and Strong Water, as well in ves-
sels on the River, as also in several houses, for the prevent-
ing whereof — It is now Ordered that no person or Persons
after the publishing this Order, shall neither sell Wyne nor
Strong Water, in any place within these Liberties, without
Licence from the particular Court or any two Magistrates.

A. D. 1643. It is Ordered that every Town upon the*

*Whipper on Conn't, River.

CONNECTICUT.

105

River shall provide one man in each town to doe execution,
uppon De linquents by Wliipping or other correction as they
shall be thereunto cauled, by order from the Magistrates.

1G43. It is Ordered that good Rix Dollars, shall pass
between man and man, at five shillings a piece, in all pay-
ments— The debts being made after the publishing this
order.

(In 1644, an Order was made, that all marriages and
births should be recorded.)

1G46. It is Ordered, that if any person within these Lyb-
ertyshave Cine, or shall be ffyned or whippen for any scan-
dalous offence, he shall not be admitted after such Tyme to
have any Voate in Towne or common Wealth, nor to serve
on the Jury, untill the Court shall manifest their satisfaction.

Dec. 1st, 1645. — It is Ordered that the Plantation cauled
Tunxis, shall be cauled Farmington, and that the bounds
thereof shall be as follows — The Eastern bound shall meet
with the Western of these Plantations, which are to be five
myles on this side the Great River, and the Northern bound
shall be five myles from the Hill, in the Great Meadow,
towards Massuo, and the Southern Bounds from the Hill,
shall be five myles, and they shall have Lyberty to improve
ten myles further than the said River, and to hinder others
from the like untill the Court see fit otherwise to dispose of
yt, and the said Plantation are to attend the General Orders,
formerly made by this Court, settled by the Committee
to whome the same was refered, and other occations, as the
reste of the Plantations uppon the Rjver do, and Mr. Steele
for the present is intreated to bee Recorder, untill the
Towne have one jit among themselves, they are also to have
the like Libertyes as the other Townes uppon the River, for
making Orders among themselves, provided they alter not
any fundamental agreements settled by the said Committee
hitherto attended.

BLUE LAWS OF

Gcncrall Court, June \\th 1G40.

The said Mr. Mitchell for undertaking the office of Town
Clerk or Recorder, notwithstanding his uncapableness of
that Office, by sentence of Court, he is fined to pay the
Country 20 * Nobles, and for that part of the Town of
Weathersfield, who chose the said Mr. Mitchell to office,
notwithstanding the censure of court, avefned to the coun-
try four pounds.

]G40. Mr. Mitchell is returned Recorder for the Towne
of Weathersfield — But he is found incapable of the place,
lying under censure of the Court, and he and the Towne
who chose him to that place, are to have notice to appear at
the next adjourned court — They are to have liberty to bring
in the records of their lands until! the General Court in
Sept'r next.

A Gcncrall Court, held at Hartford, May 20, 1G47.

Tt is Ordered, that there shall be a Guard of 20 men, ev-
ery Sabbath, and Lecture day, compleate in their Arms,
in ech severall towne upon the River, and att Seabrooke
and Ffarmington, 8 a peace; ech towne of the sea coast,
ten, and as the number of men increase in the townes, the
Guard is to encrease.

It is the mynde of the Court that ther shall be provision
made for entertayneing the Magistrate, during the sitting of
the Court, and the Deputyes of Hartford, are desired to find
out a fitte man.

If Mr. Whiting with any others shall make tryall and
prosecute a desyne for the taking of Whale within these
libertyes, and if uppon tryall within theterme of twoyeares,
they shall like to goe on, noe others shall be sufferred to
interrupt them for the tearme of seven yeares.

May 18, 1G48. Whereas David Provost, and other Dutch-

* Gs Sd Sterling.

CONNECTICUT.

107

men (as the Court is informed,) have sould powder and
shotte to severall Indians, against the expresse lawes both of
thelnglishe, and Dutch, it is now ordered, that if uppon ex-
amination of Witnesses, the said default shall fully appeare,
the penalty of the laws of this Commonwealth, shall be laid
uppon such as shall be found guilty of such transgression,
the which if such delinquents shall not subject unto, they
shall be shipped for Ingland, and sent to the Parliament.

17th May 1649. Thomas Mynott, is appointed by this
Court to be a Military Sergeant, in the town of Pequott, and
doe invest him with power to call forth and trayne the Soul-
dyers of that towne according to order of Court.

1650. Fforasmuch as the open contempt of Gods word
and Messengers thereof, is the disolating sinne of civill
states and churches, and that the preaching of the word,
by those whom God doth send, is the chief ordinary means
ordained by God, for the converting, edifying and saving
the soules of the Elect through the presence and power of
the Holy Ghost therevnto promised, and that the Ministry
of the word is set vp by God, in his Churches, for these
holy ends, and according to the respect or contempt of the
same, and of those whome God hath set aparte for his own
worke and imployment, the weale or woe of all Christian
States is much furthered and promoated.

It is therefore ordred and decreed : That if any Christian
(so called) within this Jurisdiction, shall contemptuously
behave himselfe towards the word preached or the messen-
gers thereof, called to dispence the same in any Congrega-
tion when he doth faithfully execute his service and office
therein, according to the will and word of God, either by
interrupting him in his preaching, or by charging him false-
ly with an error w'ch he hath not thought in the open face
of the church, or like a sonne of Korah, cast vpon his true
doctrine, or himselfe any reproach, to the dishonour of the
Lord Jesus, who hath sent him, and to the dispaagement

108

BLUE LAWS OP

of that his holy ordinance, and making Gods wayes con-
temptible and ridiculous, that every such person or persons,
(whatsoever censure the Church may passe,) shall for the
first scandaH bee convented and reproved openly by the
Magistrates at some Lecture, and bound to their good be-
havoour. And if a second time thy breake forth into the
like contemptuous carriages, they shall either pay five
pounds to the pnblique Treasure or stand two houres open-
ly vpon a block or stoole foure foott high vppon a Lecture
day, with a paper fixd on his Breast, written with capitalle
letters, AN OPEN AND OBSTINATE CONTEMNER
OF GODS HOLY ORDINANCES, that others may
feare and bee ashamed of breaking out into the like wick-
ness.

It is Ordered, and decreed by this Court, and authority
thereof; that wheresoever the Ministry of the word is es-
tablished according to the order of the Gospell throughout
this Jurisdiction, every person shall duely resorte and at-
tend thereunto respectiuely vppon the Lords day, and vppon
such publique Fast days, and days of Thanksgiving, as are
to bee generally kept by the appointment of Authority : —
And if any person within this Jurisdiction, shall without
just and necessary cause, withdraw himselfe from hering
the publique ministry of the word, after due means of con-
viction used, hee shall forfeit for his absence from euery
such publique meeting, five shillings : All such offences
to bee heared and determined by any one Magistrate or
more, from time to time.

fforasmuch as the peace and prosperity of Churches and
members thereof, as well as ciuill rights and libberties, are
carefully to be maintained,

It is ordered by this Courte and decreed, that the civill
authority heere established, hath power and liberty to see
the peace, ordinances, and rules of Christe, bee obserued in
euery Church, according to his word : As allso to deal with
any Church member in a way of ciuill justice, notwithstand-

CONNECTICUT.

109

ing any church relation, office, or interest, so it bee done
in a ciuill and not in an Ecclesiasticall way, nor shall any
Church censure, degrade, or depose any man from any
ciuill dignitye, office or authority, hee shall have in the com-
monwealth.*

October, 1652.

It is ordered, that notice shall be given to the Sachems
of the Indians within this Jurisdiction, that no Indian shall
walke or come neare vnto, or among any Englishmen's
howses in townes or ffarmes, or either side of the river, or
elsewhere, vppon the Lord's day, except it be in theire ne-
cessary way of recourse to thepublique preaching of God's
word, vppon penalty of ffyne, or imprisonment, as any one
magistrate or more, before whom such offendors shall be
brought, shall judge meet, and as the nature of their fact
shall appeare to him or them to deserue.

A General Court in Hartford, th Qtli of April, 1G54.

It is also ordered, that, whatsoever Barbados liqvors com-
monly called Rum, Kill-Divell, or the like, shall be landed
in any place of this Jurisdiction, or any parte thereof, sould
or drawne, in any vessell lying in any harbour or Roade in
this commonwealth, after the publication of this order,
shall bee all forfeited and confiscated to this Common wealth ;
and it shall be lawfull for any person within this Jurisdic-
tion, to make seazory thereof, two third parts to belong to
the publiqve Treasury and the other to the party seazing.
And it is also further ordered, that every Ankor of liqvor
that is landed in any place within this Jurisdiction, shall
pay to the public Treasury ten shillings, and every butt of
Wine, forty shillings, or Hogshead of Wine, Twenty Shil-

* This is one of the laws, contained in the code, compiled by Roger
Ludlow, Esq., who in 164G, was employed by the Legislature to compile
a body of laws for the Colony of Connecticut, which he completed in
1G50.

110

BLUE LAWS OF

lings, or qvarter Cask, Ten Shillings, whether they are full
or noe. This order repealed, March 11th ff.

June 15th, 59.

*Mr. Willis is requested to goe dovvne to Seabrook, to
assist ye Major in examininge the suspitions about Witche-
ry, and to act therein as may be requisite.

May, 1660.

This Court doth order, that noe man or woman, within
this Coll. who hath a wife or husband in forraigne parts,
shal live here above two years, vpon penalty of 40s. pr.
month, vpon every such offender, and any that haue bene
aboue 3 years already, not to remaine within this Col. aboue
one yeare longer, vpon the same penalty, except they haue
liberty from ye Gen. Court.

May 1662— J. Gencrdll Court.

This Court orders, that the Bible that was sent to good-
wife Williams, be by Serg't John Not, delivered to good-
wife Harrison, who engageth to this Court to give vnto ye
children of ye said Williams a Bushel of Wheat a peice, as
they shal come out of their time ; and John Not doth en-
gage to give each of ye children 2 shillings a peice, as they
come out of their time, to buy them Bibles, and John Not
hath hereby power granted him, as is ordered, to dispose of
ye rest of ye books to ye children of the said Williams.

August, 1663.

This court being sensible of the great inconueniency that
may come to the members of this Colony, by Indians walk*
ing up and down the towns in the night season, to buy
liquers, doe order, that whatsoeuer Indian shall be found

*Maj'r John Mason.

CONNECTICUT.

Ill

Walking up and down in any towne in this corporation, after
the day light shutting in, except he giue sufficient reasons,
shall forfeit twenty shillings ; fifteen to the publiqe treasury,
and fiueto the person or persons complaining, or proueing
the same, or else be seuerely whipt six stripes at least ; and
any one Assistant or Commissioner hath power to hear and
issue any such complaint, and if any Indian shall be found
in the night season, transgressing this order, the Assistant
or Commissioners, or any one of them may secure them, by
setting a watch vpon them, or by committing them to prison
for a tryall, ye next sitting oppertunity : this to be publish-
ed to the Indians, in, or about each townes.

Oct. 1G6S.

For easing the publique charge of the jurisdiction, This
Court ordereth this as a meet allowance to every town, to-
wards the charge of Deputies, leaueing each seuerall town
their liberty, to send one or two euery session of the Gen-
erall Court, according to Charter.

To Hartford, one pownd five shillings.

To Wethersfield, one pownd tea shillings.

To Windsor, two pownds.

To Middletown, two pownds.

To Farmington, two pownds.

To Fayerfield, two pownds fifteen shillings.

To Norwalk, two pownds fifteen shillings.

To Rye, three pownds.

To Haddam, two pownds.

To New London, two pownds fifteen shillings.

To Lyme, two pownds fifteen shillings.

To New Hauen, two pownds tenn shillings.

To Saybrooke, two pownds tenn shillings.

To Guilford, two pownds ienn shillings.

To Norwich, two pownds tenn shillings.

To Brandford, two pownds tenn shillings.

To Standford, three pownds,

112

BLUE LAWS OF

To Kenil worth, two pownds tenn shillings.
To Milford, two pownds tenn shillings.
To Stratford, two pownds twelve shillings.
To Stonington, two pownds fifteen shillings.
To Greenwich, three pownds.

For one session, which is for the two Courts yearly, one
hundred and seuen pownds fower shillings.

Oct. 1678.

Whereas there is notice taken of. some people that doe
frequent the meetings of the Indians at their meetings, and
dances, and doe allso joyne with them in their plays, by
wagering of their sides, which doth too much countenance
them in those fooleries, if not encourage them in their Divill
worship, for some, acquainted with their customs, doe say
their exercises at such times, is a principle part of the wor-
ship they attend : for the prevention whereof, this court doe
forbid all persons in this Colony from countenancing the
Indians in such meetings, by being present there, upon the
penalty of forty shillings for euery breach of this order,
and whosoeuer shall joyne with them in any playes, then
vsed by the Indians, by playing, abetting, or layeing any
wager concerning the running or falling of the game, at
any such playes, shall forfeit the sume of ten pownds, the
one halfe of each forfeiture to be to the complayner, t lie
other to the County Treasury : and whosoeuer shall not be
able to pay his fine, he shall be corporally punished, at the
discression of the County Court, where such case shall be
tryed.

General Court at Hartford, Oct. 1G78.

John Wheeler being complayned of for contemptous car-
riage toward the County Court at New London, Sept'r last,
in saying to the Court, in open Court, what doe you sitt here
to pick men's pockets, the Court haveing considered the
case, doe adjudg the sayd Wheeler to pay a fine of five

CONNECTICUT.

113

pownds for his miscarriage, and to be committed, and con-
tinued in prison, tilLfee hath payd the sayd sume, or given
sufficient security, to the satisfaction of the Treasurer, for
the payment of the same.

At a Court of Election held at Hartford, May 11, 16*6.

Whereas, notwithstanding former provision made for the
due observance of the Sabboth, it is observed that by sun-
dry abuses the Sabboth is prophaned, the ordinances ren-
dered unprofitable, which threatens the rooteing out of the
power of godliness, and the procureing of the wrath and
Judgments of God upon us and o'r posteritie, for prevention
whereof, it is ordered by this Court, that if any person or
persons henceforth, either on the Saturday night, or on the
Lord's day night, though it be after the sun is sett, shall be
found sporting in the streets or fields of any Town in this
Jurisdiction, or be drinking in houses of pub. entertein-
ment or elsewhere, unless for necessity ; every such person
so found, complayned of, and proved transgressing, shall pay
ten shillings for every such transgression, or suffer corporall
punishment for default of due payment ; nor shall any sell
or draw any sort of strong drinke, at any time, or to be
used in any such maner, upon the like penalty for every
default.

It is also farther ordered that no servill worke shall be
done on the Sabboth, viz. such as are not workes of piety,
charity or necessity, and no prophane discourse or talke,
rude or unreverent behavioure shall be used on that holy
day, upon the penalty of ten shillings fine for every trans-
gression hereof, and in case the offence be circumstanced
with high handed presumption as well prophanesse, the
penalty to be augmented at the discression of the Judges.

Widdow Coalman is permitted to transport seven pounds
worth of corn to Boston on Mr. Beltcher's Sloope.

Whereas the reading of the scripture, cattechizeing of
children, and dayly praver, with giving of thankes, is part

10*

114

BLUE LAWS OP

of God's worsiii[u_and the homage due to him to be attended
conscientiously by every Christian- £unily to distinguish
them from the Heathen whoe call not upon God, and the
neglect of it a great sin, provoaking to God to power forth
wrath on such Famalyes or persons for redress whereof
wher any such neglect may be found, this Court doe sol-
emnly recommend it to the ministry in all places, to looke
into the state of such famalyes, convince them of, and in-
struct them in their duty, and by all due means incourage
them, that none may be found among us utterly ignorant
and prophane ; and the townsmen are to inquire after such
famalyes, and assist the ministry for the reformation and eud-
ication of the children in good Litterature and the knowledge
of the scripture according to good lawes allready provided;
but if any heads or governors of such famalyes shall be
obstinate and refractorie, and will not be reformed, that the
Grand Jury present such persons to the County Court, to
be fined, or punished, or bound to good behaviour, accord-
ing to the demerritts of the case.

Whereas it is observed that young persons getting from
under the goverment of parents or masters before they are
able to govern themselves, which early liberty hath, or may
be an occasion of many evills and inconveniences, and hath
moved this court seriously and heartily to recommend it to
the select men of the severall plantations, to be careful to
prohibit, and not to grant liberty to unmeet persons to en-
tertain Borders or sojourners ; and it is also ordered by this
Court, that all such borders or sojourners as doe live in
famalies as such shall carefully attend the worship of God,
in those famalyes where they board or sojourn, and be sub-
ject to the domesticall goverment of the said famaly, and
shall be ready to give an account of their actions upon all
demands, upon the penalty of forfeiting of five shillings for
every breach of this order, and that no children shall be at
liberty to dispose of themselves upon pretence of lawfull

CONNECTICUT.

115

age, without the parents consent, and approbation of the
authority of the place.

In order to prevent the increase of Druncknesse. Upon
complaynt of abuses that are groweing upon us by the re-
taylors of Wine and Li'rs, this Court doe order that hence-
forth no person or persons shall retaile any less quantity
than an anchor of drink at a time, without speciall lycenss
from Assistant or Commissioner, the same not. to be deliver-
ed at severall times, or in severall parcells out at one time,
except such as are allowed thereto by the County Courts,
upon the penalty of twenty shilling forfeiture for every time
that any person shall be fownd legally convicted thereof,
any law, custome or usage to the contrary notwithstanding ;
and this Court do order and command all Constables, Grand
Jury men to take care, and to make dilligent serch for all
transgressors of this order, and to make due presentment
of those that shall be fownd transgressors, to the next aw-
thority.

It is also ordered by this court and the authority thereof,
that the select men with the constables of each Town in
this Colony, shall be and are hereby required to take speciall
care and notice of all and every person and persons fre-
quenting publique houses where Wine and Liq'rs, Cyder and
Strong beere is sold, and spending their precious time
there, and thereupon to require him or them to forbeare
frequenting such places; and if after that, any such person
shall be fownd in such place, and be legally convicted
thereof, he shall forfeit five shillings, or sit in the stocks
one hower for every such offence, and the select men and
constables shall give notice to the keepers of such houses
of entertainment, that they suffer not such noted person in
any of their houses, upon penalty of twenty shillings for
every such defect ; all such fines to be paid to the county
treasurie.

Whereas it is observed that the sin of uncleannesse doth
increase amongst us, this Court doth recommend it to the

116

BLUE LAWS OF

ministers of Justice in the severall Countys of this Colony
to beare such due testiraonie against such wickedness ac-
cording to law, that (if it be God's holy will) such sin and
wickedness may be prevented.

Whereas excess in apparel amongst us is unbecoming a
wilderness condition and the profession of the gospell,
whereby the riseing Generation is in danger to be corrupt-
ed, which practices are testifyed against in God's holy
word, it is therefore'ordered by tliis| Court and authority
thereof, that what person soever shall wear Gold or Silver
Laee, or Gold or Silver^Buttons, Silk Ribbons, or other
costly superfluous trimings, or any bone Lace above three
shillings p'r yard, or Silk Scarfes, the List makers of the
respective Townes are hereby required to assesse such per-
sons so offending, (or their Husbands, parents, or masters
under whose government they are) in the list of Estates at
one hundred and fifty pound Estate ; and they to pay their
Rates according to that proportion, as such men use to pay,
to whom such apparcll alowed as suitable to their Rank,
provided this law shall not extend to any magistrate, or a
like publique officer of this Colony, their wives or chil-
dren, whoe are left to their discretion in wearing of ap-
parell, or any setled military commission officer, or such
whose quality and Estate have been above the ordinary de-
gree, though now decayed.

It is further ordered that all such persons as shall for the
future make, or weave, or buy any apparell exceeding the
quality and condition of their persons and Estates, or that
is apparanily beyond the necessary end of apparell for cov-
ering or comeliness, either of these to be Judged by the
Grand Jury and County Court where such presentments
are made, shall forfeit for every such offence ten shillings ;
and if any Taylor shall fashion any garment for any child
or servant contrary to the mind of the Parent or Master of
such a child or servant, he shall forfeit for every such of-
fence ten shillings,

CONNECTICUT.

117

This Court considering the enlarged goodness of God to
his people in this wilderness, in appearing so gloriously for
their help in subdueing their Enemies* in so good a meas-
ure as he hath done, and his mercy in removing sickness
from the land, in the comfortable and plentifull Harvest,
that we have receiv ed, and the continuance of our privi-
ledges and liberties, civill and ecclesiastical ; hath moved
this Court to nominate and appoynt the first day of No-
vember next, to be solemnly kept a day of publique thankes-
giveing throwout this Colony to bless and prayse the Lord
for his great mercy towards us, with prayer, that the Lord
would help us in our lives and wayes to walke answerable
to his abundant mercyes.

Whereas there is notice taken of some people that doe
frequent the meetings of the Indians, theire meetings and
dances, and doe allso joyne with them in their playes by
wagering of their sides, which doth too much countenance
them in those fooleries, if not encourage them in their
Devill worship, for some acquainted with their customes
doe say their exercises at such times is a principal part of
their worship they attend ; for the prevention whereof, this
Court doe forbid all persons in this Colony from counte-
nancing the Indians in such meetings by being present
there, upon the penalty of forty shillings for every breach
of this order ; and whosoever shall joyne with them in any
playes there used by the Indians, by playing, abetting, or
layeing any wager concerning the running or falling of the
game at any such playes, shall forfeit the sume of ten
pounds, the one halfe of each forfeiture to be to the com-
playner, the other to the County Treasury, and whosoever
shall not be able to pay his fine, he shall be corporally
punished, at the discression of the County Court where
such case shall be tryed.

1641. — For preventing and avoiding that foule and gros
* Alluding to the successful termination of the late Indian War.

118

BLUE LAWS OF

sin of lying, it is ordered that when any person or persons
shall he accused and proved guilty of that vice, it shall hee
lawful! for the particular Courte to sentence any such party,
either by ffyne or bodily correction — (this to hold to the
next Courte.)

1042. — The Goernour, Mr. Haynes, Mr. Hopkins, Mr.
Welles and Mr. Phelps, are desired to consider with the
Elders consearning the fynns of cursing Father or Mother,
Incorrigibleness, ravishment, contempt of ordinances, Ly-
ing and Breach of promise, and make some Laws against
them, and present them to the next Gen'l Courte.

1050. — Mr. Clark of Windsor is propounded by the
Deputies of that Town, to be in nomination for a Magis-
trate, at the next Court of Election.

Whereas it doth appear to this Court that those Towns,
that are more remote, are at more greater charge in bring-

' to o o

ing the corn of their Towns for the ordinary country rates,
than those Towns or persons that are nearer to the Treasu-
rer place or places of payment, as occasions shall require :
it is ordered by this Court, that for such corn as Windsor
shall pay to the rates afores'd, bring down to Hartford in
corn, they shall be allowed two pence in the bushel, and foF
what th&y carry to Weathersfield, three pence per bushel
extra — Farmington, three pence,, and if carried far> theo
a reasonable satisfaction.

1051— The Gov'r, Mr. Culluck and Mr Clark, are desi-
red to go down to Stratford to keep Court upon the trial of
Goody Bassett for her life, and if the Gov'r cannot go, then
Mr Welles is to go in his room.

1051 — Thomas Thornton affirmed in Court, that it was
reported there was 190 beeves killed in Fairfield last year.

This Court appoints Lieutenant Robert Sealy to be chief
military officer in Huntington, to exercise their trained
soldiers.

CONNECTICUT.

110

The following is an extract from a Journal of a Dutch
Traveller up the Connecticut River, in 1638, to Hartford,
and for a short time was at the fort, then located at what
is now called Dutch Point, at the mouth of Little River,
at the South East corner of the City of Hartford when
the fort was manned and armed about two centuries since,
which has been translated from the original Dutch Journal,
in the Philadelphia Library.

Third Voyage to New Netherlands (now New York) in
Order to erect a Colonie on Staten Island, — for me and
Frederick Vries, Secretary of the City of Amsterdam, and
Director of the West Indian Co.

Ad. 1638, Sept. 2o. On board of the ship of the West
Indian Co. sailed from Holland — Dec. 26, got sight of sand
pint (sandy point) the Capt'n imagining to see the land
covered with snow, wanted to go to the West Indies to past
the winter and return there against Spring. I told him
that he certainly could enter into South River, but he hav-
ing onely a very imperfect chart, did not know that such
River existed. Ilee then at the request of the passengers
who all had their home in the new Netherlands, solicited
me to pilot his ship, in which I did, and anchored yet the
same evening before Staten Island, which was my property
■^and put my people on shore.

In the morning of the 27th, we anchored opposite the
fort, where we were received with much joy, as they did not
expect to see a vessel in that time of the year. I found
now there a Governor named William Krift. He bid me
welcome, and invited me in his house — 1639, Jan'y 5.

Send my people to Staten island to commence the Colo-
nie and buildings. June 4th, went northward with a yacht
up the Versche river (I suppose the Connecticut River)
where the West Indian Co. possesses a small fort called
lireys de Hoop, (the house the hope) and anchored about
evening in the caster haven, being a large and commodious
haven on the north of long island ; this Haven is in the

120

BLUE LAWS OF

island where it is upwards of two miles wide. We found
fine oysters there also. The dutch call it the Oyster Bay,
or haven. We arrived the next evening on Rhodabergh, a
fine haven, and found that the English were building a fine
town, having already erected upwards of 300 houses, and
fine church. In the morning of the 7th, we came oppo-
site de Vcrsche River, we went up the river and arrived at
the 9th with my yacht at the fort het hues de hoop, where
we found one Gyslert Van Dyek, as commander, with 14
or 15 soldiers. This fort is situated near the river and a
small Kreek, forming there a fall, the English had also be-
gan to build here a town, against our will, and had already
a fine church, and more than 100 houses erected. The
commander gave me Orders to protest against their pro-
ceedings— he added that some of his soldiers had prohibi-
ted them to put a plough in the ground, being it our land
that we had bought of the Indians and payed for it — but
they opposed them, and had gave a drubbing to the sol-
diers. When I came at the settlement the English Gov-
ernor invited me to dinner. I told him during dinner that
he acted very improper to take the lands of the Co. which
were bought and payed for by them. He answered me
that these lands were laying uncultivated, that we had been
here already several years, and nothing was done to im-
prove the ground, that it was a sin to leave such valuable
lands uncultivated, that such fine crops could be raised of
them, that they had now already built three towns on this
river in which abundance of Salmon was (etz.)

The English here, live sober. They drink only three
times every meal, and those that become drunk are whipt
on a pole as the thiev es in Holland.

Our traveller speaks here a great deal of the vigerous
conduct of the British in that settlement, it was with diffi-
culty that he, the servant of the minister who had been
lipsey, got free from being whipt — during he was there,
a young man who had been married 2 months, was accused

CONNECTICUT.

121

before the elders of the Church by his brother, that he had
slept with his wife before marriage, they were imprisoned
and both whipped, and during the time of C weeks sepera-
ted from one another, perhaps if the fellow had been able
to make akcrs of good ground with its girl, instead of chil-
dren, they would have been only punished in forfeiting
their increase.

BLUE LAWS. (PETERS, &C.)

1. The Governor and Magistrates convened in general
Assembly, are the supreme power under God of this inde-
pendent Dominion.

2. From the determination of the Assembly no appeal
shall be made.

3. The Governor is amenable to the voice of the people.

4. The Gov'r shall have only a single vote in deter-
mining any question ; except a casting vote, when the As-
sembly may be equally divided.

5. The Assembly of the people shall not be dismissed
by the Governor, but shall dismiss itself.

6. Conspiracy against this dominion shall be punished
with death. (Re-enacted in 1G55.)

7. Whoever says there is power and jurisdiction above
and over this Dominion, shall suffer death and loss of prop-
erty. (Re-enacted 1656.)

8. Whoever attempts to change or overturn this Domin-
ion, shall suffer death. (Also 1655.)

9. If any person turns Quaker, he shall be banished
and not suffered to return upon the pain of death.

10. * No Priest shall abide in this Dominion : he shall
be banished, and surfer death on his return. Priests may
be seized by any one without a warrant. In force before
1656.

* Priest, as here used, refers to those of the Catholic order, as no other
clergymen at that time bore the title of Priest.

122

BLUE LAWS OF

11. Men stealers shall suffer death. (Re-enacted in 1665.)

12. Whoever sets a fire in the woods and it burnes a
house, shall suffer death ; and persons suspected of this
crime shall be imprisoned without benefit of bail.

13. Adultery shall be punished with death. (Re-enacted
in 1665.)

14. The Judge shall determine controversies without a
Jury.

15. * No one shall be a freeman or give a vote unless he
be converted, and a member in full communion of one of
the churches allowed in this Dominion.

16. No man shall hold any office, who is not sound in
tlicfaitli, and faithful to his Dominion ; and whoever gives
a vote to such a person, shall pay a fine of £\ ; for a sec-
ond offence, he shall be disfranchised.

17. Each Freeman shall swear by the blessed God, to
bear true allegiance to this Dominion, and that Jesus Christ
is the only King. (Before 1656.)

18. No Quaker or dissenter from the established wor-
ship of this Dominion, shall be allowed to give a vote for
the election of Magistrates or any officer.

19. No food or lodging shall be afforded to a Quaker,
Adamite, or other Heretic.

29. No one to cross a river, but with an authorized fer-
ryman. (Barber.)

21. No one shall run on the sabbath day, or walk in his
garden, or elsewhere, except reverently to and from meet-
ing. (Barber.)

22. No one shall travel, cook victuals, make beds, sweep
house, cut hair or shave, on the sabbath day. (Barber.)

23. No woman shall kiss her child on the sabbath or
fasting day. (Barber.)

24. The sabbath shall begin at sun set on Saturday.

* This law was never enacted or in force in the Conn. Colony.

CONNECTICUT.

123

25. To pick an ear of corn growing in a neighbours
garden, shall be deemed theft.

26. A person^accused of trespass in the night shall be
judged guilty, unless he clear himself by his oath.

27. When it appears that an accused has confederates,
and he refuses to discover them, he may be racked.

28. No one shall buy or sell lands without permission of
the selectmen.

29. A drunkard shall have a master appointed by the
selectmen, who are to debar him from the liberty of buy-
ing and selling.

30. Whoever publishes a lie to the prejudice of his
neighbor, shall sit in the stocks, or be whipped fifteen
stripes. (Various acts upon this subject.)

31. No minister shall keep a school. (Barber.)

32. Every rateable person, who refuses to pay his pro-
portion to the; support of the minister of the town or Pa-
rish, shall be fined by the Court £2, and =£4 every quarter,
until he or she pay the rate to the minister. (Other acts
to enforce collection of parochial taxes.)

33. Whoever wears clothes trimmed with gold, silver, or
bone lace, above two shillings by the yard, shall be present-
ed by the grand jurors, and the selectmen shall tax the
offender at £300 estate. (Several acts governing the at-
tire of the subjects.)

34. A debtor in prison, swearing he has no estate, shall
be let out and sold to make satisfaction. (Altered in 1656.)

35. Whoever brings cards or dice into this dominion,
shall pay a fine of £5. (Barber.)

36. No one shall read common prayer, keep Chrismas,
or Saints days, make minced pies, dance, play cards, or
play on any instrument of music^except^the drum, trumpet
and jews harp. (Barber.)

37. No Gospel minister shall join people in marriage.

121

BLUE LAWS OF

The magistrates only shall join in marriage, as they may
do it with less scandal to Christs Church.* (Barher.)

38. When Parents refuse their children convenient mar-
riages, the magistrates shall determine the point. Re-en-
acted with alterations.

39. The Selectmen finding children ignorant, may take
them from their Parents and place them in better hands, at
the expense of their parents. Record.

40. Fornication shall be punished by compelling mar-
riage, or as the Court may think proper. Record.

41. A wife shall be deemed good evidence against her
husband.

42. Married persons must live together, or be imprisoned.

43. No man shall court a maid in person or by letter,
without first obtaining consent of her parents ; £5 penalty
for the first offence; £10 for the second; and for the
third, imprisonment during the pleasure of the Court.

44. Every male shall have his hair cut round according
to a cap. f (Barber and Peters.)

45. A man that strikes his wife shall be fined =£10. A
woman that strikes her husband, shall be punished at the
Courts discretion.

It is said by Peters in his History of Connecticut, that
these Laws were the Laws made by the people of New
Haven, previous to their incorporation with Saybrook and
Hartford Colonies, and as he says, was verry property term-

* October, ](>!>!.— This court doe for the satisfaction of such as are
conscienciously desireons to be marryed by the ministers of their planta-
tions, doe grant the ordyned ministers of theseverall plantations in this
colony, liberty to joyne in marriage such persons as are qualified for the
same according to law.

+ A cap to go round the head was used, drawn close to the head, and
the hair then cut by the cap. A pumpkin severed in the middle and pla-
ced on the head was often used as a substitute for the cap in the season
of them, as tradition says. The Levitical Laws forbid cutting the
hair, or rounding the head.

CONNECTICUT.

125

ed blue Laws, ie. bloody Laws, for says he,* they were all
sanctified with ex-communication, confiscation, fines, ban-
ishment, whipping, cutting off the ears, burning the tongue,
and death. He farther adds, that this code of Laws, de-
nominated Blue Laics, by the neighboring Colonies, were
never suffered to be printed. This is about all the'evi-
dence extant, that these were'a'part "of the Blue Laws, or
that a code of Blue Laws ever existed, and which, I confess,
from the general character of his history of Connecticut, I
do not very much rely upon it for its correctness. Barber
has also a part of the same Laws in his late History of Con-
necticut, who, I conclude, has little or no better evidence to
prove them the Blue Laws of Connecticut than his depend-
ence upon Peters for the fact. As Peters wrote his history af-
ter Gov. Eaton's code of Laws, and as many of the blue laws
published by him, are similar to those in several instances
formed or compiled by Eaton, and as there is no record of
many of those Laws published by Peters, I have been jeal-
ous at least, that those which are similar to Eaton's Laws,
were taken by Peters from Eaton's code, and then added
some disgraceful laws, to stigmatize the inhabitants of the
Colony, which appears to have been his object throughout
his whole history. But still, I have treated the laws pub-
lished above, as being of a more ancient date than the code
by Eaton, and yet I give little credit to them except where
they agree with the Laws of Eaton, or the Colony Record.

BLUE LAWS OF N. HAVEN COLONY.

The following ancient Laws of the N. Haven Colony, are
the Laics to which I referred in the Preface of this work,
( as the Blue Laws, if such laws were ever extant in ei-
ther of the Colonies.) They are a brief compilation of
Gov. Eaton's Code.

1. If any woman change the natural use into that which
is against nature, (as Rom. 1 ; 26,) she shall be put to
death. Jude 7. (1656.)

11*

126

BLUE LAWS OF

o 0****** shall be punished with death if the case con-
sidered with the aggravating circumstances, shall accord-
ing to the mind of God revealed in his word, require it.
Gen. 38; 9. (1656.)

3. If any man married or single, commit Adultery with
a marryed or espoused wife, the Adulterer and Adulteress
shall surely be put to death. Lev. 18; 20. Lev. 20; 10.
Deut. 23 ; 24. (Re-enacted 1656.)

4. If any person steale a man, or mankind, that person
shall surely be put to death. Exod. 21 ; 16. (Re-enacted

1655. )

5. If any person conspire and attempt any invasion
against this jurisdiction, he shall be put to death. Num.
16; 2. Rom. 32. Sam. 18 ; 2. Sam. 20. (Re-enacted

1656. )

6. If any person knowing of such conspiracy, shall con-
ceal it 24 hours, he shall be put to death. (1656.)

7. If any child above 16 years old, shall curse, or smite
his, her, or their parents, such child or children, shall be
put to death. Exod. 21 ; 17. Levit. 20 ; 9. Exod. 21 ;
15 ; unless it be proved that the Parents have been verry
unchristianly negligent in the education of such child, &c.
(Eaton.)

If any man rauish a maid or single woman, above the
age of ten years, and commit the crime by force, he shall
be severely and grievously punished as the Court of Magis-
trates shall determine. (1656.)

9. If any person commit Burglary, or rob any person,
he shall be branded on the right hand with the Letter B —
for 2nd offence, shall be branded on his left hand, and
whipt, and for the third offence, he shall be put to death.
Judg. 18 : 7.

10. If any person shall commit Burglary, or rob on the
Lord's day, he shall be burned and whipt, and for a second
offence, he shall be burnt on his left hand, whipt, stand on
the Pillory, and wear a halter in the day time, visibly about

NEW HAVEN COLONY.

127

his neck. And for the third offence, shall suffer death.
Zech. 13 : 6. 1655.

11. All thieves unable to make restitution, shall be sold
in service thereof. Exod. 22 : 1 to 5. (re-enacted, 1656.)

12. If any man, after due conviction, shall have, or wor-
ship any other God but the Lord God, he shall be put to
death. Lev. 24 : 15, 16.

13. If any person be a witch, he or she shall be put to
death. (Re-enacted 1655.)

14. If any person be a Blasphemer, he shall be put to
death. 1656.

15. If any person commit wilful murder, he shall be put
to death. Exod. 21 : 12, 13. Num. 35: 31.

16. If any one slayetb another suddenly, in anger, he shall
die. Levit. 24:17. Num. 35 : 16, 17. 1656.

17. If any one slayeth by poison, or other wicked prac-
tice, he shall be put to death. Deut. 9 : 19. 1656.

18. If any man or woman lye with any beast, by carnal
copulation, he or she shall be put to death, and the beast not
to be eaten. Levit. 20 : 15, 16. 1656.

19. If a man lyeth with a man, as a man lyeth with a wo-
man, both shall be put to death. Judc 7. 1655.

20. If any person bring an action, suit or complaint in
his own name, without cause or action — he shall be fined
40s. to be paid into the Plantation Treasury.

21. Every person in this Jurisdiction, according to the
mind of God, shall duly resort and attend worship upon the
Lord's days at least, and upon public Fasting, or Thanks-
giving days, and if any person, without just cause, absent,
or withdraw from the same, he shall for every such sinful
miscarriage, forfeit five shillings. 1656.

22. All the people of God within this Jurisdiction, who
are not in church way, being Orthodox in Judgment, shall
have liberty to gather themselves into a church Estate.
(1656.)

23. No Man shall be admitted to the freedom of this Ju-

128

BLUE LAWS OF

risdiction, who is not a Member of some Church in New
England, approved by the Magistrates and Churches of this
Colony. (N. Haven Colony Laws, 1G56.)

24. If cause be, by perverseness or negligence of men,
the particular Court in each Plantation, shall call the In-
habitants before them, to set down what proportion he is
willing and able to allow yearly, (while God continue his
Estate,) for the maintainance of the Ministry. But if any,
to the discouragement or hindrance of the work, refuse to
set down an unmeet proportion, in such case, the Court
shall rate and assess every such person, according to his
estate, with due moderation. 1G56.

25. If any man have a stubborn, rebellious Son of 16
years old, who will not obey the voyce of his Father or
Mother, and being chastened, will not hearken unto them,
then shall his Father and his Mother, lay hold on him, and
bring him to the Magistrates assembled in Court, and tes-
tefie unto them, that their son is stubborne and rebellious,
and will not obey their voyce, but lives in sundry crimes :
Such a son shall be put to death. Deut. 21 : 18, 19, 20,
21. (Enacted, 1656.)

26. If any swine, or greater cattel, be found in the woods
unmarked, they shall be liable to poundage. (1656.)

27. It is ordered, that the Deputies for the particular
Court in each plantation, shall keep a vigilant eye over
their neighbours, that they employ school-masters, that their
children and apprentices may, through God's blessing, at-
tain at least, so much as to read the scriptures, and other
good printed books. 1656.

28. Prophane swearing and cursing, shall be punished
by whipping, and stocks. Hosea 4 : 1,2.

Whosoever shall prophane the Lord's day, or any part of
it, by work or sport, shall be punished by fine, or corporal-
ly. But if the Court, by clear evidence, find that the sin
was proudly, presumptuously and with a high hand, com-
mitted against the command and authority of the blessed

NEW HAVEN COLONY.

129

God. Such person therein despising and'reproaching the
Lord shall be put to death. Num. 15 : from 30 to 36 verse.
(1G56.)

30. Forgery shall be punished in this Jurisdiction, by the
offenders standing on the Pillory three severall Lecture days
or other days of more publick resort, as the Court shall ap-
point, with double damages to the party wronged, and be
disabled as a witness. (Endicott's Code.)

31. Fornicators, They shall be punished, either by cn-
joyning marriage, or fine, or corporall punishment, or all, as
the Court shall judge most agreeable to the word of God.
Exod. 22 : 16, 17. Enacted, 1656.

32. No man's person shall be imprisoned, either for;lfine
or debt to this Jurisdiction, or particular person, if estate
doe appear, unless contempt, or other proud and offensive
behavior against the Court, or any Authority here settled,
be mingled with his cause, if so, he may be imprisoned, at
his own charge. Ezra?: 26. Enacted, 1656.

33. If any person commit Incest, he shallfbe put to death,
Levit. 20 : 11, 12, 14, 17, 19, 20, 21. (1656.)

34. Any man may, that will, sell beere or aleout of —
doors, at a penny a quart or cheaper. (1655.)

35. No person within this Jurisdiction shall sell any
Wine, strong water , or Beer, to an Indian, under the penal-
ty of 5s. for the first offence, 10s. for the second offence —
and the third, to be fined at the discretion of the Court.
(1656.)

36. If any person above the age of fourteen years, shall
willingly make and publish any lye, which may be perni-
cious to the publick weale — The offender shall pay to the
Plantation, as it is a sin against God, fjr the first offence
10s., and for the second offence 20s., and if unable to pay,
he shall be committed to the stocks; for the first, one hour,
for the 2nd, four hours, and if he offend the 3rd time, he
shall be publickly whipt, and may be bound over to the

130

BLUE LAWS OF

Court of Magistrates. (Re-enacted, 1656, with altera-
tions.)

37. All who shall take excessive wages for work, or un-
reasonable prises for commodities, every such person shal
be punished by fine, or imprisonment, as the court shall
Judge meet. (1656.)

38. If any man shall kiss his wife* or wife kiss her hus-
band on the Lord's day, the party in fault, shall be punish-
ed, at the discretion of the Court of Magistrates.

39. If any person rise up by false vvitnesse, willingly,
and of purpose to take a man's life, that person shall be put
to death. Deut. 19 : 16, 18, 19. (1G56.)

40. No man's life, shall be taken away, honour, or good
name shall be stained, his person imprisoned, banished or
punished, deprived of his wife or children, or property ta-
ken, unless by virtue or equity of some express Law, estab-
lished by the Gen'l Court, and published : and for want of
a Law in any particular case, shall be judged by the word
of God. 1656.

41. All capitall causes, concerning life, or baneshment, if
there is no expresse Law, shall be Judged according to the
word and Law of God, by the Generall Courte. 1656.

42. Two good^witnesses, of fair reputation, shall be re-
quired to take life in all cases. 1656.

Thus are compiled, all the ancient Laws that can under
any circumstances be termed Blue Laws, as it embraces
many of the Laws compiled by Gov. Eaton, as well as those
mentioned by Peters, and a few from the State Record. —
The various Laws have been published as Blue Laws, such
as, that beer was forbidden to be made on Saturday, to pre-

* Tradition says a gentleman of New Haven, after an absence of
some months, reached home on the Sabbath, and meeting his wife at his
door, kissed her with and appetite, and for his temerity in violating this
Law, the next day was arraigned before the Court, and fined, for so pal-
pable a breach of the Law, on the Lord's day.

XETv' HAVEN COLONY.

131

vent the commission of sin by its working^on the_ Sabbath,
upon the penalty of flogging the barrel. — It has been reported
as true, that in the early settlement of Virginia, squirrels
were so numerous, they injured and often destroyed the
fields of corn, and the outside "rows^ were usually entirely
consumed — To prevent which,'the Genl. Court soberly set
themselves at work to remedy the evil — and therefore Or-
dered that thereafter, no planter should have or plant any
out side roio in his cornfield. Many similar stories have
been circulated against the early settlers in this country,
most of which must necessarily have been false, particularly
in the two cases here related, as the enaction of such laws
evidently shew a want of common sense, and would be a
charge against our ancestors they never merited. Though
it is said every generation grows wiser, still I much doubt
whether the sound common sense of the Puritan Fathers
has been very greatly improved upon by any generation of
men since. — They may have been bigoted, and fanatics in
religion, but it is no evidence of a deficiency of common
sense; for how often do we find men in this enlightened age,
learned men of superior intellect, equally bigoted with any
of the Puritans upon that subject. — Indeed fanaticism is the
last and lowest evidence to be offered as proof of a deficien-
cy of understanding ; for even at this day, look into our
halls of Congress, and you find political fanatics upon
both sides of the great questions agitated in this country,
which approaches near to mono mania, and goes as far to
prove their want of intellect, as does the bigotry of our an-
cestors to prove theirs. Indeed fanaticism is no better evi-
dence of imbecility of mind, than wealth is of the wisdom
of its possessor.

There was an ancient law in Massachusetts, *that ladies"
dresses should be made so long as to hide their shoe buck-

*Such a Law in these days, would improve the modesty of the ladies
in this country.

132

BLUE LAWS OP

les, and in 1G30 there was an Act of the General Court also
prohibiting short sleeves, and requiring garments to be
lengthened so as to cover the arms to the wrists, and gowns
to the shoe buckles ; " immoderate great breeches, knots of
ribin, broad shoulder bands, and they be, silk roses, double
ruffs and cuffs." — In the same colony in 1653, I. Fairbanks
was tried for wearing great boots, but was acquitted. These
cases shew only the power of fashions over public opinion.

I hereby certify that I have carefully and faithfully com-
pared the following copy of " New Havens Settling in New
England. And some Laws for Government," with the ori-
ginal printed copy in the Library of the American Antiqua-
rian Society, and that the same is correct.

Christopher Columbus Baldwin,

Worcester, Mass. Jan. 10, 1835. Librarian.

NEW HAVEN'S

SETTLING IN

NEW ENGLAND.

AND SOME

LAWS for GOVERNMENT:

PUBLISHED FOR THE USE OF THAT COLONY.

Though some of the Orders intended for present conve-
nience, may probably be hereafter altered, and as need re-
quireth other Lawes added.

LONDON,
*Printed by M. S. for Livewell Chapman, at the Crowne
in Popes-head Alley, 1G56.

♦ This Code of Laws has not been published since 1G5G, and but two
original copies are to be found in this country, of which the following is
a true transcript, certified by C. C. Baldwin, Esq. (now deceas'd) the for-
mer Librarian of the American Antiquarian Society in Worcester,
Massachusetts.

NEW HAVEN COLONY.

133

NEW HAVEN'S

SETTLING IN

NEW ENGLAND.

And some Laws for Government, Sfc.

It hath pleased the only wise and all sufficient God, who
ruleth all the world, determines times, and sets the bounds
of all mens habitations, but is the rich and pretious portion
of them that fear and trust in him, at sundry times and upon
weighty occasions, to bring several companies of his peo-
ple, over the great deeps, into this part of America, called
New England, a place far remote from their dear native
country, and hath here planted, protected, and graciously
provided for them.

The first adventurers (before they had conveniency for
travel!, and opportunity to consider, and compare one place
with another,) sate down Plymouth, and have had much ex-
perience of Gods goodnesse and compassion in a wilder-
nesse, now betwixt thirty and forty years.

In some years after, the Lord bringing over more of his
people, they planted in and about the Massachusetts Bay,
and grew a large colony, and after them the English in
Connecticut, and New Haven, for ihe conveniency of the
Sea, and Rivers, planted more Westerly; and for a while
continued, though united in Nation, Religion and affection
yet otherwise severall and distinct Jurisdictions, free from
any express Ingagement one to another — In this time the
Enemy slept not, but was at work to disturb the peace of
the English both in sowing Tares, within among themselves
and stiring up the Indians, from abroad against them; but
he that is wonderfull in counsel!, and excellent in working,
overpowered Satan, and his instruments and gave good is-
sues to his people, in those their uncomfortable exercises.

a while after, upon the motion of the Massachusetts Col-
ony, a treaty was begun, and in proccsse of time, comforta-
bly finished ; solemn covenants were agreed, and concluded
betwixt the said Jurisdictions, in the following words. —
12

134

BLUE LAWS OF

ARTICLES

Confederation betwixt the Plantations under the
Government of the Massachusetts, the Plantations
under the Government of Plymouth, the
Plantations under the Government
of Connecticut, and the Govern-
ment of New Haven, with
the Plantations in com-
bination therewith.
Whereas we all come into these parts of America, with
one and the same end and ayme, namely, to advance the
Kingdom of our Lord Jesus Christ, and to enjoy the liber-
ties of the gospel, in purity with peace; and whereas in our
settling, (by a wise providence of God) we are further dis-
persed upon the Sea Coasts and Rivers, then was first in-
tended, so that we cannot (according to our desire) with
convenience communicate in one Government, and Juris-
diction ; and whereas we live encompassed with people of
severall nations, and strange languages, which may hereaf-
ter prove injurious to us, and our posterity : And for as-
much as the natives have formerly committed sundry inso-
lencies and outrages upon several plantations of the Eng-
lish, and have of late combined themselves against us; and
seeing by reason of the sad distractions in England, which
they have heard of, and by which they know we are hinder-
ed, both from that humble way of seeking advice, and reap-
ing those comfortable fruits of protection which, at other
times, we might well expect ; we therefore doe conceive it
our bounden duty, without delay, to enter into a present
consolation amongst ourselves, for mutuall help and strength
in all our future concernments, that as in nation, and Re-
ligion, so in other respects, we be, and continue, one, ac-
cording to the tenour and true meaning of the ensuing ar-
ticles.

1. Wherefore it is fully agreed and concluded by and

NEW HAVEN COLONY.

135

between the parties, or Jurisdictions above named, and
they doe joyntly and severally by these presents, agree and
conclude, that they all be, and henceforth be called by the
name of the United Colonies of New England.

2. The said United Colonies, for themselves and their
posterities, doe severally and joyntly, and severally hereby
enter into a firm and perpetuall league of friendship and
amity, for offence and defence, mutuall advice and suc-
cour, upon all just occasions, both for preserving and pro-
pogating the truth, and liberties of the Gospel, and for
their own mutuall safety and welfare.

3. It is further agreed, that the plantations which at
present are, or hereafter shall be settled within the limits
of the Massachusetts, shall be forever under the govern-
ment of the Massachusetts; and shall have peculiar juris-
diction amongst themselves, as an entire body ; and that
Plymouth, Connecticut and New Haven, shall each of
them, in all respects, have the like peculiar jurisdiction and
government within their limits. And in reference to the
plantations which already are settled, or shall hereafter be
erected and shall settle within any of their limits respect-
ively, provided that no other jurisdiction shall hereafter
be taken in as a distinct head, or member of this confedera-
tion ; nor shall any other, either plantation or jurisdiction
in present being, and not already in combination, or under
the jurisdiction of any of these confederates, be received
by any of them, nor shall any two of these confederates
joyne in one jurisdiction without consent of the rest;
which consent to be interpreted, as in the sixt ensuing arti-
cles is expressed.

4. It is also by these confederates agreed, that the
charge of all Just Wars, whether offensive or defensive,
upon what part or member of this confederation soever
they fall, shall both in men, provisions, and all other dis-
bursements, be born by all the parts of this confederation,
indifferent proportions, according to their different abilities,

136

BLUE LAWS OP

in manner following, namely : that the commissioners for
each jurisdiction, from time to time, as there shall be occa-
sion, bring a true account and number of all the males in
each plantation, or any way belonging to, or under their
several jurisdictions, of what quality or condition soever
they be, from sixteen years old to three score, being in-
habitants there. And that according to the different num-
bers which from time to time be found in each jurisdiction,
upon a true and just account, the service of men, and all
charges of the War be born by the poll : each jurisdiction
or plantation being left to their own just course and cus-
tome, of rating themselves and people according to their
different estates, with due respect to their qualities and ex-
emptions among themselves, though the confederation take
no notice of any such priviledge. And that according to
the different charge of each jurisdiction and plantation, the
whole advantage of the War, (if it please God to so bless
their endeavours) whether it be in lands, goods, or persons,
shall be proportionably divided among the said confeder-
ates.

5. It is further agreed, that if any of these jurisdic-
tions, or any plantation, under or in combination with
them, be invaded by any enemy whomsoever, upon notice,
and request of any three magistrates of that jurisdiction so
invaded, the rest of the confederates, without further no-
tice or expostulation, shall forthwith send ayde to the con-
federate in danger, but in different proportion, namely, the
Massachusetts, one hundred men sufficiently armed and
provided for such a service and journey ; and each of the
rest, five and forty men, so armed and provided, or any
lesse number, if iesse be required, according to this pro-
portion. But if such a confederate may be supplied by
their next confederate, not exceeding the number hereby
agreed, they may crave help there, and seek no further for
the present. The charge to be born as in the articles is
expressed ; and at their return to be victualled and supplied

NEW HAVEN COLONY.

137

with powder and shot, (if there be need) for their journey,
by that jurisdiction which employed or sent for them. But
none of the jurisdictions to exceed these numbers, till by
a meeting of the commissioners for this confederation, a
greater ayde appear necessary. And this proportion to
continue, till upon knowledge of the numbers in each ju-
risdiction, which shall be brought to the next meeting,
some other proportion be ordered. But in any such case
of sending men for present ayde, whether before or after
such order or alteration, it is agreed, that at the meeting
of the commissioners for this confederation, the cause of
such War or invasion be duly considered, and if it appear
that the fault lay in the party so invaded, that then, that
jurisdiction or plantation make just satisfaction, both to
the invaders, whom they injured, and bear all the charges
of the War themselves, without requiring any allowance
from the rest of the confederates toward the same.

and further, if any jurisdiction see any danger of an in-
vasion approaching, and there be time for a meeting, that
in such case, three magistrates of that jurisdiction may
summon a meeting at such convenient place as themselves
shall think meet, to consider and provide against the
threatened danger. Provider, when they are meet, they
may remove to what place they please, onely while any of
these four confederates have but three magistrates in their
jurisdiction, a request or summons from any two of them,
shall be accounted of equal force with the three mentioned
in both the clauses of this article, till there be an increase
of magistrates there.

6. It is also agreed, that for the managing and conclu-
ding of all affaires proper to, and concerning the whole
confederation, two commissioners shall be chosen by, and
out of the foure jurisdictions, namely, two for the Massa-
chusetts, two for Plymouth, two for Connecticut, and two
for New Haven, being all in church fellowship with us,
which shall bring full power from their severall generall

12*

138

BLUE LAWS OF

Courts respectively, to hear, examine, weigh and deter-
mine all affaires of War or peace, leagues, aydes, charges
and numbers of men for War, division of spoyles or what-
soever is gotten by conquest, receiving of more confeder-
ates or plantations into combination with any of these con-
federates, and all things of like nature, which are the proper
concomitants or consequences of such a confederation^
for amity, offence and defence, not intermedling with the
Government of any of the Jurisdictions, which by the third
article is preserved entirely to themselves. But if these
eight commissioners, when they meet, shall not all agree,,
yet it is concluded that any six of the eight agreeing, shall
have power to settle and determine the business in question.
But if six doe agree, that then such propositions, with
their reasons, so far as they have been debated, be sent,
and referred to the foure General] Courts, viz., the Massa-
chusetts, Plymouth, Connecticut and New Haven. And
if at all the said Generall Courts, business so referred, be
concluded, then to be prosecuted by the confederates and
all their members. It is further agreed, that these eight
commissioners shall meet once every year, besides extraor-
dinary meetings, according to the fifth article, to consider,
treat, and conclude of all affaires belonging to this confed-
eration; which meeting shall ever be the first Thursday in
September. And that the next meeting after the date of
these presents, which shall be accounted the second meet-
ing, shall be at Boston, in the Massachusetts, the third at
Hartford, the fourth at New Haven, the fifth at Plymouth,
the sixth and seventh at Boston : and then Hartford, New
Haven and Plymouth, and so in course successively. If in
the mean time, some middle place be not found out and
agreed on, which may be comodious for all the jurisdic-
tions.

7. It is further agreed, that at each meeting of the
eight commissioners, whether ordinary or extraordinary,
they all, or any six of them agreeing as before, may choose

NEW HAVEN COLONY.

139

their President out of themselves, whose office and work
ehall be to take care, and direct for order, and a comely
carrying on of all proceedings in the present meeting. But
he shall be invested with no such power or respect, as by
which he shall hinder the propounding or progresse of any
businesse, or any way cast the scales, otherwise than in the
precedent article is agreed.

8. It is also agreed, that the commissioners for this
confederation, hereafter at their meetings, whether ordina-
ry or extraordinary, as they may have commission or op-
portunity, doe endeavor to frame and establish agreements
and orders in general] cases of a civil nature, wherein all
the plantations are interested, for preserving peace amongst
themselves, and preventing (as much as may be) all occa-
sions of War, or differences with others, as about the free
and speedy passage of justice in each jurisdiction, to all the
confederates equally, as to their own, receiving those that
remove from one plantation to another, without due certifi-
cates, how all the jurisdictions may carry it towards the
Indians, that they neither grow insolent, nor be injured
without due satisfaction, lest War breaks in upon the con-
federates, through such miscarriages. It is also agreed,
that if any servant run away from his master, into any
other of these confederated jurisdictions, that in such case,
upon the certificate of one magistrate in the jurisdiction,
out of which the said servant fled, or upon other due proof,
the said servant shall be delivered, either to his master, or
any other that pursues and brings such certificate, or proof.
And that upon the escape of any prisoner whatsoever, or
fugitive, for any criminall cause, whether breaking prison,
or getting from the officer, or otherwise escaping, upon the
certificate of two magistrates of the jurisdiction, out of
which the escape is made, that he was a prisoner, or such
an offender at the time of the escape ; the magistrates, or
some of them, of that jurisdiction, where for the present
the said prisoner or fugitive abideth, shall forthwith grant

140

liLUE LAWS OF

such a warrant as the case will bear, for the apprehending
of any such person, and the delivery of him into the hand
of the officer, or other person who pursueth him. And if
help be required for the safe returning of any offender, it
shall be granted unto him that craves the same, he paying
the charges thereof.

9. And for that the Justest Wars may be of dangerous con-
sequence, especially to the smaller plantations in these Uni-
ted colonyes, it is agreed that neither the Massachusetts,
Plymouth, Connecticut, nor New Haven, nor any of the
members of any of them, shall at any time hereafter, be-
gin, undertake, or engage themselves, or this confedera-
tion, or any part thereof, in any War whatsoever, (sudden
exigents with the necessary consequences thereof excepted,
which are also to be moderated as much as the case will
permit,) without the consent and agreement of the fore
named commissioners, or at least six of them, as in the sixt
article is provided. And that no charge be required of any
of the confederates in case of a defensive War, till the said
commissioners have met, and approved the Justice of the
War ; and have agreed upon the sum of money to be lev-
ied, which sum is then to be paid by the severall confeder-
ates in proportion, according to the fourth article.

10. That in extraordinary occasions, when meetings are
summoned by three Magistrates of any Jurisdiction, or
two, as in the fifth article, if any of the commissioners
come not, due warning being given, or sent, it is agreed
that four of the commissioners shall have power to direct
a War which cannot be delayed, and to send for due pro-
portions of men out of each Jurisdiction, as well as six
might doe, if all met ; but not lesse than six shall deter-
mine the Justice of the War, or allow the demands, or Bills
of charges, or cause any levies to be made for the same.

It is further agreed, that if any of the confederates shall
hereafter break any of these present articles, or be any
other way injurious to any one of the other Jurisdictions,

NEW HAVEN COLONY.

141

such breach of agreement or injury, shall be duly consid-
ered, and ordered by the commissioners for the other Ju-
risdictions, that both peace, and this present confederation,
may be entirely preserved without violation.

Lastly, this perpetuall confederation, and the severall ar-
ticles and agreements thereof, being read and seriously
considered, both by the General! court for the Massachu-
setts, and by the commissioners for Plymouth, Connecticut,
and New Haven, were presently and fully allowed and con-
firmed by three of the forementioned confederates, namely :
the Massachusetts, Connecticut, and New Haven ; in tes-
timony whereof, the General] Court of the Massachusetts,
by their Secretary, and the commissioners for Connecticut
and New Haven subscribed them the 19th day of the third
month, commonly called May, Anno Domoni, 1643.

Only the commissioners from Plymouth, having brought
no commission to conclude, desired respite to advise with
their Generall Court, which was granted, and at the second
meeting of the commissioners for the confederation, held
at Boston in September following, the commissioners for
the Jurisdiction of Plymouth, delivered in an order of
their Generall Court, dated the 29th of August, 1643, by
which it appeared that these articles of confederation were
read, approved, and confirmed by the said Court, and all
their townships, and their commissioners authorized to rat-
ifie them by their subscriptions, which they accordingly
did the 7th day of September, 1643.*

The commissioners for Massachusetts were,

John Winthrop,

Thomas Dudley,

Simon Bradstreet,

W. Hawthorne,

Gibbons,

Tvng.

* The foregoing articles were signed in behalf of the commissioners
and the General Court of Massachusetts, by Increase Nowell, Secretary.

142

BLUE LAWS OF

> Connecticut.
MS, J

NEW HAVEN 1.

When the Plantations within this Colony first treated to he
one Jurisdiction, and to settle themselves under one Gov-

unanimously approved and concluded as a fundament all
agreement, upon which the combination was formed.
That none shall be admitted Freemen, or free Burgeses,
within this Jurisdiction, or any part of it but such plant-
ers as are members of some one or other of the aproved
churches of New^. England ; nor shall any such be chosen
to Magistracy, or to carry on any part of civil Jurisdiction,
or as Deputies or assistants to have power, or vote in estab-
lishing Laws, or in making or repealing Orders, or to any
chief Military Office, or trust, nor shall any others, but
such church members have any Vote in any such Elections,
though all others admitted to be planters have right to their
proper Inheritances, and doe and shall enjoy all other civil
liberties and priviledges according to all Laws, Orders, or
grants, which on, or hereafter shall be made for this Col-

That all such Freemen of this Jurisdiction, shall yearly
without any summons, upon the Election day, which is to
be the last fourth day in the week, commonly called Wed^
nesday in May, (till by the Generall Court some other time
be ordered and published) either in person, or by proxy,
attend that service : and according to their best light from
the word of God, shall vote in the Election of Governour,

crnmcnt, these following particulars were solemnly and

ony.

♦ Dcut. 1; 13. Exod. IS; 21. Deut. 17; 15. Jcr. 30; 21.

NEW HAVEN COLONY.

143

Deputy Governour, Magistrates, Commissioners for the
United colonyes, Treasurer, Secretary, Marshall, or any
other officer, then chosen for the Jurisdiction. And for
the ease of the said Freemen (especially such as dwell re-
mote) it is agreed that when any of them cannot conveni-
ently come, they may send their votes, either written or in
some other way, sealed up in the presence of the
rest of the freemen in the plantation where they dwell, or
the greater part of them. And further, if any of them pur-
posing to be present at the Election, when the other Votes
were sealed up, should after be hindred, and then want op-
portunity to seale up his Vote in the presence of the major
part of the Freemen ; in such case he may seale it up in
the presence of two such Freemen as knew he sent no vote
before, (and upon their testimony or certificate) it shall be
accepted, that so the liberty of the Freemen may be pre-
served, they may have means to attend their duty, and
their Votes may be directed according to their particular
light. And the said Freemen may at any the Election
court yearly, choose so many magistrates for the Jurisdic-
tion in such plantation as the weight of affaires shall re-
quire, and as they shall there find Freemen fit for such a
trust; provided that when any man of what plantation so-
ever, shall be first propounded for magistracy within this
Jurisdiction, seasonable notice shall be first given to all the
Plantations, of such a purpose, or desire, that all the Free-
men may duely consider or informe themselves, and that
such as cannot be present, but send their Votes, may pro-
ceed accordingly ; and that each Freeman, whether present
or absent, at the Election, may the better improve his lib-
erty, it is ordered that he may give or send his vote, as he
finds cause, either in the affirmation, by putting in an In-
dian come, or in the negative, by putting in a beane, or in
such other manner as the Generall Court Judge more con-
venient.

That the affaires of this Jurisdiction may be the better

144

BLUE LAWS OF

carried on, and that the Inhabitants may know whom to
obey, and from whom to seek redresse of injuries, it is
agreed that thereby severall courts for several purposes and
of different constitutions and power, f

First a General Court, which shall consist of ihe Gov-
ernor, Deputy Gove'r. all the Magistrates, and of two Dep-
uties for each Plantation in the Jurisdiction (where there
is a church duely gathered, and Freemen orderly admitted)
which Deputies shall be chosen either yearly, or against,
the approach of any such Generall Court, by the Freemen
of each plantation, or the great number of them, and shall
be sent at each Generall Court with full power (as having
the power and Voyces of all the said Freemen derived to
them) to consult of, and determine all such matters as con-
cerne the publick welfare of this colony, and with due cer-
tificate thereof, all which, both Governor, Deputy Governor,
Magistrates, and plantation Deputies, shall have Vote in
the said Court.

This Generall Court, and all the members thereof, shall
from time meete, and sitt at New Haven, (unlesse upon
weighty cause, the major part of the Court see cause for a
time to alter the place) at least once every yeare, namely,
the last fourth day in the weeke commonly called Wednes-
day in May, first to carry on the Elections, and after to
consider and order all such other affaires of the Jurisdic-
tion, as fall within their cognizance, trust and power, be-
side which fixed courts, the Governor, or in his absence,
the Deputy Governor, and in their absence, any two Magis-
trates of this Jurisdiction, shall have power to summon a
generall court at any other time, as the urgent extraordi-
nary occasions of the Jurisdiction, or any part thereof,
may require, and at all such Generall Courts, whether or-
dinary or extraordinary, the Governor, Deputy Governor,

tEx. 18; 21,22. Deut. 1; 16,17. Deut. 16; 18.

NKW HAVEN COLONY.

145

Magistrates, with all the forementioned Deputies, shall sitt
together till the affaires of the Jurisdiction be dispatched,
or may (as they conceive) be safely respited ; and if any of
the said Magistrates or Deputies, shall either be absent at
the first sitting of the said Court, or without leave depart,
or disorderly absent him, or themselves from the service,
before the court be finished, (though the absence of a lesse
part, either of Magistrates or Deputies, when the court is
either fixed, or with due notice, called extraordinary, it
shall neither stop proceedings nor abate the force of what
is ordered by the major part, both of Magistrates and Dep-
uties, yet) he, or they, shall each of them pay twenty shil-
lings for a fine to the Jurisdiction for such absence or de-

parture : but if any Plantation send no Deputy, or if the
absence or departure be mingled with contempt, or willfull
neglect, which may either hinder the publick service, or
prove an ill example, the fine shall be increased as the court
upon due consideration of the offence, with the e.grava-
tions, shaii Judge meete, or if the absence, &c, grow by
any overruling providence of God, the same is also duely
to be considered by the court, for sparing or mittigating
the fine.

1. This Court thus framed, shall first, with all care and
dilligence, from time to time, provide for the maintenance
of the purity of Religion, and suppress the contrary, ac-
cording; to their best light and directions from the word of
God.*

2. Secondly, though they humbly acknowledge, that the
supreme power of making laws, and of repealing them, be-
long to God only, and that by him, this power is given to
Jesus Christ, as Mediator, Math. 2S : 19. Joh. 5 : 22.
And that the Laws for holinesse, and Righteousnesse, are
already made, and given us in the scriptures, which in mat-
ters morrail, or of morall equity, may not be altered by hu-

*Psal.2: 10,11, 12. 1 Tim. 2: 2.
13

140

BLUE LAWS OF

mane power, or authority ; Moses only shewed Israel the
Laws, and statutes of God, and the sanedrim, the highest
Court, among the Jews, must attend those Laws. Yet
civill Rulers and Courts, and this Generall Court in particu-
lar, (being intrusted by the freemen as before,) are the min-
isters of Good people ; and have power to declare, publish,
and establish, for the plantations within their Jurisdictions,
the Laws he hath made, and to make, and repeale orders for
smaller matters, not particularly determined in scripture,
according to the more Generall Rules of Righteousnesse,
and while they stand in force, to require due execution of
them.*.

3. Thirdly, to require an oath from all the Magistrates,
Deputies, or Assistants, &c, in every Court of Judicature,
for the faithfull discharge of the trust, committed to them,
according to their best abilities. And to call them to ac-
count for the breach of any Laws established, or for other
misdemeanours in their places, and to censure them as the
quality of the offence may require ; and here the Vote to
passe, as in the Law of Appeals. t

4. Fourthly, to impose an oath of Fidelity and due sub-
jection to the Just Lawes standing in force, upon all the
Freemen, planters, and Inhabitants fit to take an oath, with
due penalty for obstinate refusall, after, some convenient
time hath been given for due consideration.!

5. Fifthly, to order and appoint such works and Fortfica-
tions, as they conceive may tend to the better defence of
this Colony ; with Guns, Ammunition, and all other pro-
visions and furniture, suitable thereunto; and to provide
that the same be kept and preserved in a condition fit for
present service, whether against Indians, or other Enemies.
And to order all affairs of War and peace, levying of men,

*Esay.33; 22. Dcut. 5:8. Dcut. 17:11. Rom. 13 ; 4.
t 1 Sam. 12; 3.
Eccles. 8 :2. 2 K. 11 : 4, 17. Ezra 7: 26.

NEW HAVEN COLONY.

147

&c. with due respect to the former articles of confedera-
tion.*

6. Sixthly, To order and regulate Trade, both with In-
dians and others, according to the Rules of Righteousness,
and prudence, for the publick good ; and to settle and levy
Rates, Contributions, and Impositions upon all sorts of per-
sons, Lands and goods, within this Jurisdiction, as the pub-
lic service, and occasions of Church or Common-wealth,
from time to time may require.!

7. Seventhly, To hear and determine all cases, whether
civill or criminall, which by appeal or complaint, shall be
orderley brought unto them, either from any inferiour Court,
or from any of the plantations. In all which, with whatev-
er else falls within their cognizance, trust or Judicature,
(as the highest Court within this Jurisdiction,) they shall
proceed according to scripture light, and Lawes, and or-
ders, agreeing therewith. And nothing shall be concluded,
and pass as an act of the Generall Court, (unlesse in cases
expressly excepted,) but by the consent and Vote of the
major part of the Magistrates, together with the consent
and Vote of the greater part of the Deputies.^

Secondly, there shall be a Court, called the Court of
Magistrates, wherein all the Magistrates for the Jurisdic-
tion shall meete, and sitt at New Haven, at least twice a
year; namely, the second day of the weeke, commonly
called Munday, before the Court of Elections in the third
month, called May, and the third fourth day in the weeke,
commonly called Wednesday, in the Eight month, called
October, to heare, examine, and determine, all weighty
and Capitall caus, Civil and Criminall, above those limited
to Plantation Courts, and to receive, and try all appeales
duely brought unto them, from plantation Courts, and to

*2Cliron. 32; 2,3, 4,5,6.
tEzek. 28 ; 18. Rom. 13 : 4, 6, 7.
fExod, 18: 21, 22. 2 Tim. 3; 1G,

148

ELITE LAWS OP

call all the Inhabitants, Freemen, planters, and others, to
account for breach of any Lawes or orders, established, or
for other misdemeanours, and to censure them, as the qual-
ity of the offence shall require, in which meetings of the Ma-
gistrates, lesse than four Magistrates shall not be accounted a
Court, nor shall they carry on any businesse as a Court of Ma-
gistrates. But it is expected, and required, that all and every
of the Magistrates for this Jurisdiction, doe constantly attend
the publick service at every Court of Magistrates, whether
fixed, or uponspeciall occasion duly summoned, either by the
Governor, or in his absence, by the Deputy Governor, or
in their absence, by any two Magistrates of this Jurisdic-
tion, and if any of them, (having had due warning,) be ab-
sent at the first setting of any such Court, or after, with-
out leave, depart, or disorderly absent himselfe from the
service, before the Court be finished, he or they, shall pay
for every such default, twenty shillings fine to the Jurisdic-
tion, or more, as the case may require, unlesse some provi-
dence of God, (whereof the Court of Magistrates, shall
from time to time Judge,) did necessarily cause the same,
and all sentences in this Court, shall pass by the Vote of the
major part of the Magistrates present, onely the Governor,
and in his absence, the Deputy Governor, when' Votes in
other respects are equall, shall in this Court, and when they,
or either of them, sitt in a Plantation Court, have a casting
Voyce, but from this Court, appeales and complaints may
be made, and brought to the Generall Court, the Plaintiff
in point of security, first duely attended the Law of ap-
peales.

Thirdly, besides the Generall Court, and Court of Ma-
gistrates, for the case of the Inhabitants, there shall be
Plantation Courts, to heare and determine inferior causes,
which Courts may be of two sorts, namely, every Planta-
tion, within this Jusisdiction, where there is a Magistrate,
one or more, the Freemen from among themselves, shall
choose at least two Deputies, but three or fower, if they see

"tfEW HAVEN COLONV.

149

cause, to assist the Magistrate or Magistrates, and in such
Courts, they^may try any civill cause|betwixt party and par-
ty, in valew not exceeding twenty pounds, and any criminall
cause, when the punishment by scripture light, exceeds not
stocking and whipping, and if the fine be pecuniary, when
the fine exceeds not five pounds, and in all such Courts, the
sentence shall passe according to the vote of the major part
of the Court, onely when votes in their number^are equall,
the casting Voyce shall be in the Governor or Deputy Gov-
ernor, or Magistrates present. But to expedite Justice,
with as little inconvenience as may be, to Magistrates
more remote, it is agreed, and ordered, thai any such plan-
tation Court, calling in two other Magistrates, from any
other neighbouring Plantation,*'or Plantations, within this
Jurisdiction, may try any civill cause, though of the highest
valew, and any Criminall cause, provided it be not Capital!,
extending to the life, of the offendor ; but in such Planta-
tions, if the Magistrate upon any occasion be absent, the
Deputies alone have no power or Judicature, onely to pre-
vent inconveniences, they may order the Marshall stay any
malefactor7or suspitious person, or seize, or stop the estate
of any man, or part of it, upon case shewn, when the case
will not admit delay, till the Magistrate come home, pro-
vided that sufficient security be taken of him or them, caus-
ing such stay or seizure, to pay Just damages, if the pro-
ceedings prove unwarrantable, and in case of remove or
Death of suchyMagistrate,' the Deputiespfall in'with other
Plantations, where there is no Magistrate, till further order
be taken, and in such Plantations, Deputies being chosen,
either by the Generall Court, or with their allowance, by the
freemen from among themselves, they may keepe Courts to
issue smaller causes, and order other affairs in all respects,
as the Generall Court shall, from time to time appoint and
limit, but from all these Courts, and in all tryalls and pro
ceedings in them, appeals and complaints may be brought
13*

150

BLUE LAWS OF

to the Court of Magistrates, the Plaintiff putting in securi-
ty, according to the law of appeales.

These Generalls were at first laid, as a foundation for
Government, though it was foreseene, and agreed, that the
circumstantialls therein, such as the ordinary, and fixed
times, both for Elections, and for the meeting of the Gen-
erall Court, and Court of Magistrates, how oft, and when
they shall sit, the fines for absence, or disorderly departing
and the Valew of causes to be tryed in Plantation Courts,
with other particulars in their proceedings, might after be
considered, continued and altered, as may best suit the
course of Justice, and the conveniency of the Plantations.

Certain Lowes, liberties, and orders, made, granted and es-
tablished, at scvcrall times, by the Generall Court of New
Haven Colony, for', and to the Inhabitants of that Juris-
diction^ now collected, and further published, for the use of
such as arc concerned in them, wherein they have made
use of the Lcnvs published by the Honor cable Colony of
3Iassac7iu setts.

It is ordered by this- Court, and the authority thereof,
that no man's life, shall be taken away, no man's honour,
or good name shall be stained, no man's person shall be
imprisoned, banished, or otherwise punished, no man shall
be deprived of his wife, or children, no man's goods or es-
tate shall be taken from him, under colour of law or coun-
tenance of authority, unlesse it be by vertue, or equity of
some expresse Law of this Jurisdiction, established by the
Generall Court, and sufficiently published; or for want of a
law in any particular case, by the word of God, either in
the Court of Magistrates, or some plantation Court, accord-
ing to the weight and valew of the cause, onely all Capi-
tall causes, concerning life or banishment, when there is no
expresse Law, shall be Judged according to the word and
law of God, by the Generall Court.

That no man shall be put to Death, for any offence, or

NEW HAVEN COLONY.

151

misdemeanour in any case, without the testimony of two
witnesses at least, or that which is equivalent thereunto,
provi and to prevent or surpress much inconvenience which
may grow, either to the publick or to particular persons by
a mistake therein, it is ordered and declared, by the author-
ity aforesaid, that two or three single witnesses, being of
competent age, of sound understanding and of good reputa-
tion, and witnessing to the case in question, (whether it
concern the public peace and welfare, or any one, and the
same particular person,) shall be accounted (the party con-
cerned, having no just exception against them) sufficient
proffe, though they did not together see, or heare, and so
witnesse to the same individuall, and particulr act, in ref-
erence to those circumstances of time and place.

ACTIONS.

It is ordered by this Court, and the authority thereof,
that every person impleading another, in the Court of Ma-
gistrates, or in any Plantation Court, when the debt or dam-
age he demands, or the Action he layeth, is above twenty
pounds, so that it cannot be tryed by a Plantation Court,
unless two Magistrates of some other Plantation be called
in to assist, he shall pay the sum often shillings, before his
case be entered, or any part of it heard, unless the Court
see cause to admit the Plaintiff to sue in forma pauperis.
But in all actions, brought to any Court, the Plaintiff shall
have liberty to withdraw his"action or to be nonsuited, be-
fore sentence passe, in which case, he shall always pay full
cost and charges to the defendant, and may after renew his
suit at another court.

AGE.

It is ordered, &c. that the age for passing away of Lands,
or such kinds of Hereditaments, or ingagements of like na-
ture, as for giving of Votes, passing sentences in publick

152

BLUE LAWS OF

Meetings, civil courts or causes, shall be at least twenty
and one years, but in cases admitting the choyce of Guar-
dians, any age above fourteen may be sufficient.

APPEALS.

It is ordered, &c. That if any man cast, or sentenced in
his cause, be unsatisfied with the proceedings and issue, it
shall be in his liberty (the cause not being criminal!) to
make appeal from any Plantation Court, to this Court of
Magistrates ; and in like case from the court of Magistrates,
to the Generall Court. But in such case, when the Magis-
trates, or some of them, have already exprcst themselves,
to prevent difference and inconvenience, it is ordered, that
the Major part of the Generall Court, consisting of Magis-
trates and Deputies, taken jointly shall issue it, but to pre-
vent, or provide against unnecessary trouble to Courts,
charge to the Jurisdiction, and other inconveniences which
may follow, if the course of Justice be delayed, or evaded, it
is farther ordered, that whosoever shall so appeal, do ten-
der his appeal, and put in sufficient security before the Judg-
es of the Court, from which he appeales, the secretary or oth-
er person or persons, authorised to admit appeals, effectually
by himself, his Deputy or Attorney to prosecute his Appeal
at the next usuall fixed time of that Courts sitting, to which
the appeale is made; and to observe, perform, and to pay
to the Defendant, as shall be there adjudged ; but every
such appeal shall be entered, and security as before put in,
within three days after sentence in the cause was given, and
the same at the charge of the party appealing, to be recor-
ded, and certified to the Court, unto which the appeal is
made. And lastly, it is ordered, that in the review it ap-
pear, the plaintiffhad no cause to appeale, petition, or com-
plain, he shall pay such further charge, as the Court shall
judge hath been expended in their sitting to re-examine his
cause, that no unnecessary charge fall upon the colony,*
♦Acts, 25, 9 to30-^E.xo.2-2, 9,

NEW HAVEN COLONY.

153

. APPEARANCE, NON-APPEARANCE.

It is ordered, &c. That no man shall be punished for not
appearing at or before any Civil Assembly, Court, Magis-
trate, or officer, nor for omission of any office or service to
be performed in his own person only, if he shall be neces-
sarily hindered by any apparent providence of God, which
he could neither foresee nor avoid, and by giving or sending
notice, hath done what was in his power. Provided, that
this law shall not prejudice any person of his just coste and
damage, in any civil action.

ARRESTS. SEE IMPRISONMENTS.

Attachments. See further in the Title Dittrcssc.

It is ordered, &c, That no Attachment shall be granted
in any civil action to any Forraigner, against a settled In-
habitant of this Jurisdiction, before he hath given sufficient
security or caution, duly to prosecute his Action, and to
answer the Defendant such costs and damages, as the court
shall award. And it is further ordered, that in all attach-
ments of Goods and Chattels, and Lands or Hereditaments,
whether by Forraigners or settled Inhabitants, legall notice
shall be given to the party concerned, or left in writing at
his house, or place of usuall abode, before the suit proceed;
but if he be out of the Jurisdiction, the cause shall proceed
to tryall, but Judgment shall not be entered till an other
court, at least a month after. And if the Defendant doe not
then appeare, Judgment shall be entered, but execution
shall not be granted before the Plaintiff hath given suffi-

to to

cient security to be responsall to the Defendant, if he shall
reverse the Judgment within one year, or such further time
as the Court shall see cause to order.

BAKERS.

It is ordered, &c, that every person within this Jurisdic-
tion, who shall bake Bread, for sale, shall have a distinct

)r»4

BLUE LAWS OF

mark for his Bread, and keep the true assizes hereafier ex-
pressed and appointed.

When Wheat is ordinarily sold by the Bushell at the sev-
erall rates hereafter mentioned, the penny white loaf, penny
Wheaten Loaf, and penny Household loaf shall severally and
respectively by averdupoyse, weighe as followeth.
s. d. the when the Bushell of Wheat is

at 3,0, penny white loaf 1H ozs. Wheaten \7i ozs. household 23 ozs.

at 3 , f>, penny white loaf 1(H ozs. Wheaten lot ozs. household 20i ozs.

at 4 , 0, penny white loaf dh ozs. Wheaten li ozs. household ISh ozs.

at 4 , G, penny white loaf 8i ozs. Wheaten 121 ozs. household 1G4 ozs.

at 5 , 0, penny white loaf 7} ozs. Wheaten 1 1 J ozs household lM.ozs.

at 5 , G, penny white loaf 7 ozs. Wheaten 10; ozs. household 14i ozs-

at 6,0, penny white loaf Ch ozs. Wheaten 10 ozs. household 13 oza.

at G , 6, penny white loaf 6 ozs. Wheaten 9i ozs. household 121 ozs.
And so proportionably under the penalty of forfeiting all
.such Bread, as shall not answer the foremcntioned several!
assizes, and for the better execution of the Order, there shall
be in every Plantation, as occasion may require, an officer
yearly chosen, who shall be sworn at the next Plantation
Court or by the next magistrate; or officer by taking oaths,
unto the faithful! discharge of his office, who is hereby au-
thorized to enter into any House, either with a Constable or
Marshall, or without, when he understands that any Bread
is Baked for sale, and to weigh such Bread, as often as he
sceth cause ; and after once notice, or warning, to seize all
such Bread as he findeth defection in weight, or not marked
according to this order, and all such forfeitures shall be di-
vided, one third part to the officer for his care and paines,
and the rest to the poor of the place.*

BALLAST.

It is ordered, &.c, that no Ballast shall be cast out of any
Ship, or other Ship in the Channel, or other place incon-
venient, in any Harbour within this Jurisdiction, under the
penalty of ten pounds to be levied upon the owners, Mari-
ne v. 19, 3G. Pro. 11, 1 & 20, Id. Dat. 23, 13. Am. 8, 5, G,

NEW HAVEN COLONY.

tiers, Seamen, or others offending, to the use of the said
Plantation The Ship or Vessel to be stayed till payment
be made.

BARRATRY.

It is Ordered, &-c, that if any person be proved and judg-
ed a common Barrater, vexing others with unjust, frequent
and troublesome suites, it shall be in the power of any Court
both to reject his cause, and to punish him for his Barratry.*

BILLS AND SPECIALTIES.

It is ordered, &c. that any debt or debts, due upon Bill
or other specialty, being duly assigned to another, shall be
as good a debt and estate to the assignee, as it was, or could
be, to the assigner, and that it shall be lawfull for the said
assignee to sue for, and recover the said debt, due upon
Bill, or other specialty, and so assigned, as fully as the
original Creditor might have done. Provided the assigna-
tion be either made upon the back of the specialty, or the
Court some other way declared, that future questions may
be stopped or duly answered.

BURGLARY AND THEFT.

It is ordered, &c, that if any person shall commit Bur-
glary, or break up any dwelling House, or any thing equiv-
alent, or rob any person by force, or by using any threat-
ning gestures, or other actions in the fields, highwayes, or
other place, the party so offending shall for the first offence
(besides such restitution and damage as the court to which
the cognizance belongs shall see cause to order,) be brand-
ed on the right hand, with the letter (B.) If he shall of*
fend in the like kind a second time, (beside restitution and
damage,) he shall be branded in the left hand, and also be
severely whipt ; and if he fall into the like offence the third

♦Prov. G, 19, 16, 28, 20, 21.

15G

BLUE LAWS OP

time (beside restitution and damage out of his estate,) he
shall be put to death as incorrigible. And if any person
shall commit such Burglary, or so rob in any place on the
Lords day, he shall (beside restitution and damage,) for the
first offence, be burnt on the right hand as before, and se-
verely whipt; for the second offence, he shall be burnt on
the left hand, stand on the Pillory, be severely whipt, and
weare a halter in the day time constantly and visibly about
his neck, as a mark of infamy, till the court of Magistrates
see cause to release him from it. But if he fall into the
same offence the third time, he shall be put to death as in-
corigibly unrighteous, and presumptuously profane. And
to prevent or supprisse other thefts and pilferings, it is or-
dered that if any person shall be taken, or proved to have
stolen, assisted, or any way have been accessary to the
stealing of any cattel of what sort soever, or swine, he
shall by way of forfeit, make such restitution to the owner
as the court, considering all circumstances, shall Judge
most agreeable to the word of God. And if any person
shall be proved to have stollen any goods of what sort
soever, out of any mans dwelling house, Ware house,
Barn, or other out house, or left out in court yard, Garden,
Orchard, highway, from the waterside, or out of any Boat
or Vessel, or other place, or to have robbed any Garden, or
Orchard, or stollen or hurt any grafts or fruit trees, or fruit,
lie shall forfeit and pay double damages to the owner, be-
side such further fine and punishment as the court, consid-
ering the circumstances of time, manner, &c, shall judge
meet. If the thief in any part of the premises be not able
to make restitution, (if the case require it,) he is to be
sold for a servant, till by his labor he may make due resti-
tution. And if any children, or servants, who cannot pay
for themselves, shall transgresse, and trespasse in any part
of the premises, if their Parents or Masters will not pay
for them, they shall be publickly whipt, or further proceed-
ed against, as the case may require. And all servants, and

NEW HAVEN COLONY.

15?

workmen, imbeziling, pilfering, or stealing the goods of
their masters, or such as set them on work, shall make
such Restitution, and be liable to all Lawes and penalties
as other men, and if any person shall be proved to pilfer
or steale a second or third time, his punishment shall be
increased by whipping or otherwise, as the court shall see
cause. And for as much as small thefts, trespasses, or
other offences of a criminal nature, are sometimes com*
mitted by the English, or others, in Townes or places re*
mote from Prisons, or it may prove inconvenient to defer
the Tryall, or to make stay of the persons offending, of
hard to get security for appearance at a court, it is there-
fore ordered, that any Magistrate or Deputy intrusted to
assist in Judicature, calling in such other help as the place
affords for a plantation court, (which help is hereby requir»
ed to attend the service upon due warning) may upon com-
plaint brought to him, when the case so requires, with the
first conveniency, heare, and upon due proofe, determine
any such offence (the valew whereof, either in point of fine,
damage, or other punishment exceeds not the limits of that
plantation court, according to the Lawes here established)
and may give warrant to the Marshall, or other Officer, for
answerable execution, but if the offender refuse to pay or
have nothing to satisfie, the Magistrate or Deputy, with the
help aforesaid, may punish by stocking, whiping, or oth-
erwise, according to the nature of the offence, and import
of this law. *

C A PIT ALL LAWES.

It is ordered, &c, that if any person after legal!, or other
due conviction, shall have, or worship any other God, but
the Lord God, he shall be put to death. Exod. 22 : 20,
Deut. 13 : 6, 10. Deut. 17 : 2, 3, 4, 5, 6.

*Zech. 13; G, Judg. 18; 7. Num. 15; 30, 31. Ex, 22; 1 to 8
Ex. 22; 3.

158

BLUE LAWS OP

If any person be a Witch, he or she shall be put to death,
according to Exod. 22: 18. Levit. 20: 27. Deut. 18:
10, 11.

If any person within this Jurisdiction, professing the
true God, shall wittingley and willingly presume to blas-
pheme the holy name of God, Father, Son, or Holy Ghost,
with direct, expresse, presumtuous, or high handed blasphe-
my, either by willfull or obstinate denying the true God, or
his creation, or Government of the world, or shall curse
God, Father, Son, or Holy Ghost, or reproach the holy Re-
ligion of God, as if it were but a politick device to keep
ignorant men in awe ; or shall utter any other kind of Blas-
phemy like nature and degree, such person shall be put to
death. Lev. 24 : 15, 10.

If any person shall commit any willfull murder, if he
shall kill any man, woman or child, upon premeditated
malice, hatred or cruelty, (not in a way of necessary and
just defence, nor by meere casualty against his will,) he
shall be put to death. Exod. 21 : 12, 13. Numb. 35 : 31.

If any person slayeth another suddenly in anger, or cru-
elty of passion, he shall be put to death. Levit. 24 : 17.
Num. 35: 16, 17, 18, 19, 20, 21.

If any person come presumptuously to slay another with
guile, whether by any kind of force, poyson, or other wick-
ed practice, every such person shall be put to death. Exod.
21 : 14, agreeing with Deut. 19 : 19, by parity of reason.

If any man or woman shall lye with any beast or bruite
creature by carnall copulation, he, or she, shall surely be
put to death, and the beast shall be slaine, burned, and not
eaten. Levit. 20 : 15, 16.

If any man lyeth with mankind, ut vir fecit consuetudi-
nem, cum mulierc, both of them have committed abomina-
tion, they both shall surely be put to death. Levit. 20 : 13.
And if any woman change naturalem consuetudinem into
that which is against nature, as Rom. 1 : 26, she shall be
liable to the same sentence and punishment, or if any per-

NEW HAVEN COLONY.

159

son or persons, shall commit any other kind of unnaturall
or shamefull filthiness, called in scripture the going after
strange flesh, or other flesh, then God allovveth, pravo com-
mercia alicujus alvci, — then God in nature hath appointed
to become one flesh, whether it be by abusing diversion in-
troitum of a grown woman or child oi either sex, or imma-
turum ingrcssum of a girl, wherein the naturall use of the
woman is left, which God hath ordained for the propagation
of posterity, and Sodomitical filthinesse. Jude 7 : 24,
(tending to the destruction of the race of mankind) is com-
mitted by a kind of Rape, nature being forced, though the
will were enticed, every such person shall be put to death.
Or if any man agebit in se, and in the sight of others, ejus
scminan fundct, by example, or counsel, or both, corrup-
ting or tempting others to doe the like, which tends to the
sin of Sodomy, (Gen. 38 : 9, 24,) if it be not one kind of
it : or shall defile or corrupt himself and others, by any
other kind of sinfull filthinesse, he shall be punished ac-
cording to the nature of the offence : or if the case consid-
ered with the aggravating circumstance, shall according to
the mind of God revealed in his word, require it, he shall
be put to death, (as the Court of Magistrates shall deter-
mine.) Provided that if in any of the former cases, one of
the parties were forced, and so abused against his, or her
will, the innocent person (crying out, or in due season
complaining,) shall not be punished, or if any of the of-
fending parties were under fourteen years old when the sin
was committed, such person shall onely be severely correct-
ed, as the Court of Magistrates considering the age and
other circumstances shall Judge meet.

If any man married, or single, commit Adultery with a
marryed or espoused Wife, the Adulterer and Adulteress,
shall surely be put to death. Lev. IS: 29. Lev. 20 : 10.
Deut. 22 : 23, 24.

If any person steale a man, or mankind, that person shall
surely be put to death, Exod. 21 : 1G.

IGO

BLUE LAWS OF

If any person rise up by false Witnesse, wittingly and of
purpose to take away any man's life, that person shall be put
to death. Deut. 19 : 16, IS, 19.

If any person shall conspire, and attempt any invasion,
insurrection, or public Rebellion against this Jurisdiction,
or shall endeavour to surprise, or seize any Plantation, or
Towne, any Fortification, Platform , or any great Guns provi-
ded for the defence of the Jurisdiction, or any plantation
therein ; or shall treachously and perfidiously attempt the al-
teration and subversion of the frame of policy, or fundamen-
tall Government laid, and settled for this Jurisdiction, he or
they shall be put to death. Num. 16 : 2. Rom. 32. San>.
18 : 2. Sam. 20. Or if any person shall consent unto any
such mischievous practice, or by the space of four and
twenty Houres conceal it, not giveing notice thereof to
some Magistrate, if there be any Magistrate in the Planta-
tion, or place where he liveth, or if none, to some Deputy
for the Jurisdiction, or the Constable of the place, that the
public safety may be seasonably provided for, he shall be
put to death, or severely punished, as the Court of Magis-
trates weighing- all circumstances shall determine.

If any child or children, above sixteen years old, and of
competent understanding, shall curse, or smite, his, her, or
their natural! Father or Mother, each such child shall be
put to death. Exod.2l : 17. Levit. 20 : 9. Exod. 21 : 15.
unlesse it be proved, that the Parents have been very un-
christianly negligent in the education of such child or
children, or so provoked them, by extream and cruell cor-
rection or usage, that they have been urged or forced there-
unto, to preserve themselves from death or maiming.

If any man have a Stubborn Rebellious Son, of sufficient
age and understanding, namely, sixteen years old, or up-
ward, which will not obey the voyce of his Father, or the
voyce of his Mother, and that when they have chastened
him, will not hearken unto them, then shall his Father and
his Mother, (being his natural Parents,) lay hold on him,

NEW HAVEN COLONY.

161

and bring him to the Magistrates assembled in Court, and
testifie unto them, that their Son is Stubborn and Rebell-
ious, and will not obey their voyce and chastisement, but
lives in sundry notorious crimes ; such a Son shall be put
to death. Deut. 21 : 18, 19, 20, 21.

If any man ravish any Maid, or single Woman, who is
above the age of ten years, committing Carnall Copulation
with her by force, against her own will, he shall be severely
and grievously punished, as the Court of Magistrates con-
sidering all circumstances shall determine.

CASK AND COOPER.

It is ordered, &.c. that all Cask, whether Pipe, Hogsheads,
Barrels, quarter Cask, or other sorts used in trade, whether
for any Liquor, Fish, Pork, Beef, or other commodity put
to sale, shall be of London assize. And that in each plan-
tation within this Jurisdiction, where Cask is made or used
for trade, the Plantation Court, or the Constable, with the
present or last Deputies for the Generall Court, where there
is no Plantation Court, shall from time to time appoint some
fit person, or persons to view, and gage all such Vessel or
Cask; and such as shall be found of due assize, and made
of sound and well seasoned stuffe, (and none but such shall
be marked with the gagers mark,) who shall have for his
pains, eight pence for every Tun, and proportionably for
what he so maketh. And every Cooper shall have, and set
a distinct brand, mark of his own, upon each Cask, upon
of forfeiting after the rate of twenty shillings a Tun, for
what he sells, either without the gagers mark, or not mark-
ed with own constant brand mark.

CATTELL, CORN, FIELDS, FENCES.

To prevent or remedy much inconvenience, and many
differences, which may grow about Fencing, Planting, Sow-
ing, feeding, and improving of common fields, inclosed for

14*

102

BLUE LAWS OF

corn or other necessary use, it is ordered, that every person
interested in any such field, shall from time to time, make
and keep his part of the Fence, sufficiently strong, and in
constant repaire, according to all orders in force in such
plantation, to secure the Corn, and other fruits thereon.
And shall not put, cause, or permit any Cattel to be put in,
so long as any Corn or other fruit, shall be growing, or re-
main upon any part of the Land so inclosed. Unlesse by
some generall expresse agreement of such as are interessed.
And if at any time the owners or occupiers of any such in-
closed Land, cannot, or doe not agree, in any part of the
premises, it is ordered, that upon due and seasonable notice
given to the Select Men, or Townsmen, appointed for pru-
dential affaires, proper to their care and trust, by any con-
cerned, and unsatisfied, ( hey shall appoint a convenient time
to hear and order such differences, and settle a due way of
fencing, improving, and preserving such fields, and the
fruits of them. And whosoever shall oppose or transgresse,
shall be liable to all damages proved to grow thereby, and
to such further fine, for breach of order, as the Plantation
Court, or authority there settled for such purposes, shall
Judge meet. But in any plantation, where there are no
such select, or Townsmen, the Freemen from among them-
selves, shall j e irly choi se a convenient number to order such
occasions, that peace, righteousnesse may be the better pre-
served therein. And these select, or Townsmen, shall from
year to year, appoint one, two, or more, of the Planters,
for all or each Commonfield, belonging to the plantation
where they dwell, to view the Common Fences within their
trust, and to take due notice of the real I defects and insuf-
ficiency thereof, and shall forthwith acquaint the owners
with the same. And if the said owners or occupiers, do
not at furtherest, within six working days, or sooner, if the
said Select men see cause, and so appoint, sufficiently re-
pair, or cause the same to be repaired, he or they shall forth-
with upon the demand of the appointed viewer or viewers,

NEW HAVEN COLONY.

103

(beside other Just damages,) pay as a fine to the plantation,
twelve pence for every rod, (if there be a considerable quan-
tity of such defective fence together,) or for every single
defect, in such faulty fence, or the said viewer or viewers,
taking due witnesse of the defects, may if it suite their con-
veniency, forthwith repaire or renew them, or cause them
to be repaired or renewed, and shall have double recom-
pence for the same, to be paid, (beside the Just damages,)
by the owner or occupiers of the said insufficient fence, or
fences. And in either case, if payment be denyed or de-
layed, such viewer or viewers, shall have Warrant from the
said Select Men, directed to the Marshall or Constable, to
levy the same forthwith, upon the estate of the Delinquent.

And where Lands lye in Common, unfenced, if one man
shall improve his land by fencing in severall, and others, one,
or more shall not, he who shall so improve, shall secure his
land from other men's Cattel, (unruly Cattel excepted,) who
shall compell no man to make any fence with them, except
he also improve in severall, and when one man shall im-
prove before his neighbour, and so make the whole fence,
if his said neighbour shall after improve, he shall them sat-
isfie, for half the other's fence against him, according to the
present value, and shall maintain the same. And if the
said first man shall after lay open his said field or land, then
the said neighbour, shall both enjoy his said half Fence so
purchased; and shall have liberty to buy the other half
Fence against his land ; paying according to the present
worth, as it shall be rated by two men indifferently chosen.
And the like order shall be, when any Man shall improve
land, against or adjoining to a Town Common : Provided,
this extend not to house lots, in which, if one shall improve,
his neighbour or neighbours, shall be compellable to make
and maintaine one half of the Fence between them, wheth-
or he or they improve, or not, provided also, that no man
shall be liable to damage done in any ground, not sufficient-
ly fenced, and himself not interessed in the defective fence,

1G4

BLUE LAWS OF

or some part of it, except the damage were done by prohib-
ited or unruly Cattel of any sort, (in which are swine in-
cluded,) which cannot be restrained by ordinary fences, or
where any shall unwarrantably put in Cattel, of what sort,
or under what colour or pretence soever, or otherwise will-
fully tresspasse upon his neighbours ground.

It is further ordered, that whatsoever Swine or greater
Cattel, (Horses excepted, which are particularly mention-
ed hereafter,) shall be found in the Woods or Commons un-
marked, are liable to poundage, and being either Pounded,
or otherwise prosecuted and proved, the owner shall pay for
each Swine unmarked, three shillings and four pence, of
which half the fines to the pounder, or prosecutor, and the
rest to the Plantation. And for each of the greater sort of
Cattel, six shillings, whereof half shall be ordered to the
pounder, or prosecutor, and the rest to the Plantation; but
if the owners be not known or found, then every such
swine or beast of a greater kind, to be duly cryed, that the
owner may take notice, claim his interest, and pay the fine
and charges ; but if yet no owner be found, then after due
apprisement by indifferent men, chosen by authority, in the
place, and the same recorded by the secretary, sale to be so
far made, that the fine and charges may be fully paid, and
the remainder kept by the Treasurer, till the owner be
known; and the rest of such Swine or Cattel, being first
marked with a publick Town mark or brand, with some dis-
tinction from the mark of particular men, to be again turn-
ed into the Woods.

Lastly, it is ordered, that no owner of Cattel, of what
kind soever, after knowledge or notice given, that any Cat-
tel of his, whether Horse, other beast, or Swine, is unruly
in respect to fences, shall suffer any such to goe at. liberty,
either in Common, or against Cornfields, or other improved
inclosed grounds fenced as aforesaid, but shall constantly
keep them upon his own ground, within sufficient fences,
all his own, or put and keep upon each of them, such

NEW HAVEN COLONY.

165

shackles and fetters, or yokes and rings, as may sufficiently
from time to time, restrain and prevent tresspasse, or shall
pay all damages and charges, whether in come, or other
fields, with hurt in fences, expences of time, and help in
catching, pounding, driving out, and bringing home, any
such unruly Cattel, of what kind soever, with such further
fine for breach of order, and Court charges, if the Plaintiff
be put to recover it, that, as the Court shall Judge meet.

CHARGES PU13LICK.

That pnblick charges may be defrayed in a ready and
just way, it is ordered by this Court, and the authority
thereof, that in each plantation within this Jurisdiction,
the Select or Towns Men, or some others thereunto depu-
ted, doe yearly, the first week of the third month, called
May, require, procure, and make a full and Just List of
all the male persons within their limits, from sixteen years
old and upwards; and a true estimation of all personall and
reall Estate, being, or reputed to be, the estate of all, and
every the persons belonging to the Plantation, or in their
present possession, viz. of Houses, Lands of all sorts,
Meadow and up land, as well unbroken up as other, (except
such as doth and shall lye common, for free feed of cattle,
at all times to the use of the inhabitants in generall,) mills,
ships, and all small Vessels, merchantable goods, cranes,
wharfs, and all sorts of cattel and other estate, (household
stuff, and goods of that kind, provided and kept for that
use, and not for trade, onely excepted,) whether at sea or
on shoar, with a due consideration and estimate of the
advantage men may have by their severall and respective
arts or trades, which Lists, and particular account of
males and Estates, in reference to Rates, shall by the Depu-
ties chosen by each plantation, and sent to assist at the
generall Court, be presented yearly when they sit, in the
latter end of May, under such penalty for default, as the
Court, considering the hindrance in the Jurisdiction af-

10G

BLUE LAWS OF

faires, shall see cause to inflict — all which persons and Es-
tates, are to be assessed and rated, by such as are thereun-
to appointed, for one single rate, as follovveth, viz. every
male person, above sixteen years of age, (except Magis-
trates and Elders of Churches,) at twenty pence by the
head, and all Estates both reall and personall, at one penny
for every twenty shillings. And that Houses, (wherein
there is much difference) may be the more equally rated,
according to their worth, it is ordered, that the Deputies
from the severall plantations within this Jurisdiction now
assembled at this Generall Court, doe before their return,
rate two Houses in New Haven, which shall be as patterns
for the other plantations to rate by. That all Lands,
whether Meadow or upland, and whether the upland be
better or worse, broken up or not, (except it lye common
as before,) be rated at twenty shillings an acre, and for
that a considerable part of mens Estates in these parts,
lyeth in Cattel, to avoyd many questions which may grow
about their age, it is ordered, that all sorts of Cattel, from
year to year, though any of them should not be a year old
till the last of July, yet in reference to rates, be accounted
and pay as if they were a year old the first of May. And
in like manner for two years old, or elder ; and in liew
thereof, Cattel though near 3 quarters of a year old the
first of May, shall not be Rated ; and Cattel of a year and
almost three quarters, shall be rated at a year old, and so
upward. And it is further ordered, that till this Court find
some considerable alteration in prises, every Cow of four
year old, (the age recorded as before,) or upward, shall be
rated at five pound, every Heifer or Steer, three year old,
reckoned as before, at four pounds; and betwixt two and
three years old, at fifty shillings; and of one year old,
thirty shillings. Every Ox and Bull of four year old, or
upward, at six pounds; every Horse of three year old,
(after the former account) or more, shall be valued at ten
pounds ; every Mare of three year old or upward, at twelve

NEW HAVEN COLONY.

1G7

pounds ; those of two year old or upward, according to
the former account, whether Horse or Mares, each of them
at five pounds ten shillings ; and those of three quarters of
a year old, or above, till they come to a year and three
quarters, shall be Rated at three pounds and ten shillings;
every yew sheep, of a year old or above, at thirty shillings ;
every weather Sheep, or Ram, of a year old or above, at
sixteen shillings ; every Goat, of a year old or above, at
eight shillings; every Swine, of a year old or above, at
twenty shillings ; every Asse, of a year old or above, at
forty shillings. And all Hey and Corn, in the Husband-
mans hands, is hereby exempted from Rates, because all
meadow, arrable Land and Cattel, are Rateable as afore-
said. And for all such persons, as by the advantage of
their Arts and Trades, are men enabled to bear publick
charges, then common Labourers and Workmen, as Butch-
ers, Bakers, Victuallers, Smiths, Carpenters, Taylors,
Shoemakers, Joyners, Barbers, Millers, Masons, with
other artists, such are to be Rated for their returns and
gaines in proportion to other men for the produce of their
estates. Provided, that in the Rate by the Poll, such per-
sons as are disabled by sicknesse, lamenesse, or other in-
firmity, shall be so long exempted. And for such servants
and children as take not wages, their parents and Masters
shall pay for them ; but such as take wages shall pay for
themselves. And it is ordered, that all Rates assessed by
this Court, be duly paid in to the Jurisdiction Treasurer,
at such time or times, in such pay, and at such prises, as
this Court shall appoint, and under such penalties for de-
fault, as shall from time to time be ordered. And power
is hereby given and granted to each plantation within this
Jurisdiction, to gather all Rates from time to time, from
the severall inhabitants, as they grow due; and for want or
delay of payment in an orderly way, to distreyn within their
own limits, to prevent further inconveniences. But that
the Jurisdiction suffer not by the neglect or delay of any

108

BLUE LAWS OP

plantation or plantations herein, it is further ordered, that
at any time hereafter, upon the complaint of the Jurisdic-
tion Treasurer, any Magistrate may send the Marshall
alone, or with others to distreyn the Cattel, Corn, or any
other goods belonging to any of the inhabitants within such
plantation, as shall be defective in the payment of Rates
due, for the whole sum behind and unpaid, with addition
of all penalties incured, and due charges for the Marshall,
and others imployed in seizing and bringing away such
distresse, every inhabitant in such case, having liberty to
require and recover his damage from the plantation or
officers there intrusted for civil affaires, according to justice.
Provided, that if any person now, or hereafter, having
taken up a Lot or Lots in any plantation, be removed, or
shall withraw himself and his moveable Estate, or any con-
siderable part of it, still keeping such Lot or Lots, in his
own possession, or power, without due improvement, by
which means the Plantation wants his personal service, be-
sides other inconveniences, it is hereby ordered, that in
such case, every such person shall in all respects pay his
Rates by Lands only, as was ordered, and done before
Rating by heads, and estates, but in a due proportion to a
whole Rate, as then it was. And if the plantation find no
other means to recover the said Rates, they may distreyn
Houses or Lands, or both, upon a true account, that what
advantage they shall make, by selling or letting the same,
or any part thereof over and above what is due for the said
Rates, with just damages and necessary charges, shall be
returned to the owner, if he demand the same, within three
years.

CHILDREN'S EDUCATION.

Whereas too many Parents and Masters, either through
or over tender respect to their own occasions and businesse,
or not duly considering the good of their children and ap-
prentices, have too much neglected duty in their Education,

NEW HAVEN COLONY.

1G9

while they are young, and capable of learning, it is order,
ed, that the Deputies for the particular Court in each Plan-
tation within this Jurisdiction for the time being; or where
there are no such Deputies, the constable or other officer,
or officers in publick trust, shall from time to time, have
a vigilant Eye over their brethren and neighbors, within
the limits of the plantation, that all parents and masters
doe duly endeavor, either by their own ability and labour,
or by improving such schoolmaster, or other helps and
means, as the plantation doth afford, or the family may
conveniently provide, that all their children and apprenti-
ces, as they grow capable, may, through Gods blessing,
attain at least so much as to be able duly to read the scrip-
tures, and other good and profitable printed Books in the
English tongue, being their native language, and in some
competent measure, to understand the main grounds and
principles of Christian Religion, necessary to Salvation,
and to give a due answer to such plain and ordinary ques-
tions as may by the said Deputies, Officers or others, be
propounded concerning the same. And where such Depu-
ties or Officers, whether by information or examination,
shall find any parent or master, one or more, negligent,
he or they shall first give warning, and if thereupon due
reformation follow, if the said Parents or masters shall
thenceforth seriously and constantly apply themselves to
their duty in manner before expressed, the former neglect
may be passed by. But if not, then the said Deputies,
or other officer or officers, shall three months after such
warning, present each such negligent person or persons,
to the next plantation Court, where every such delinquent
upon proof, shall be fined ten shillings to the plantation,
to be levied as other fines. And if in any Plantation, there
be no such court kept for the present, in such case, the
constable, Or other officer or officers, warning such person
or persons, before the Freemen, or so many of them as
upon notice shall meet together, and proving the neglect

170 BLUE LAWS OP

after warning, shall have power to levy the fine as aforesaid.
But if in three months after that, there be no due care ta-
ken and continued for the education of such children or
Apprentices as aforesaid, the delinquent, (without any fur-
ther warning,) shall be proceded against as before, but the
fine doubled. And lastly, if after the said warning and
fines paid or levied, the said Deputies, officer or officers,
shall still find a continuance of the former negligence, if
it be not obstinacy, so that such children or servants may
be in danger to grow barbarous, rude and stubborn, through
ignorance, they shall give due and seasonable notice, that
every such Parent and Master be summoned to the next
Court of Magistrates, who are to proceed as they find
cause, either to a greater fine, taking security for due
conformity to the scope and intent of this Law, or may
take such children or apprentices from such Parents or
Masters, and place them for years, Boyes till they come to
the age of one and twenty, and Girls till they come to the
age of eighteen years, with such others who shall better
Educate and govern them, both for the conveniency, and
for the particular good of the said Children or Apprentices.

CONVEYANCES FRAUDULENT.

To prevent or avoyd the mischievous inconveniences
which may grow by fraudulent conveyances, and that every
man may the better know what estate or interest other men
may have in any^Houses, Lands, or other Hereditaments,
which he purposeth to deale in, it is ordered, that no Mor-
gage, Bargaine, Sale, Grant or conveyance, made of any
House or Houses, Lands,Rents, or other Hereditaments, with-
in this Jurisdiction, where the Granter remaines in posses-
sion, shall be hereafter in force against any other person or
persons, then the Granter and his heirs, unlesse the same be
acknowledged before some Court or Magistrate, within this
Jurisdiction, and Recorded as hereafter expressed. And

NEW liAVEN COLONY.

Ill

Y16 such Grant, bargain or sale already made in way of Mor-
gage &c, when the Granter remains in possession, shall be
in force against any other but the Granter and his heirs,*
except the same shall be entered, (as here expressed) within
one month after the first publishing of this order, if the par-
ty concerned be within this Jurisdiction, or else within
three months after he shall return. And if any such Gran-
ter be required of the Grantee, his heirs or assigns to make
an acknowledgment accordingly, of any grant, sale, bargain
or morgage, by him made, and shall refuse so to doe, it
shall be in the power of any Court or Magistrate, to send
for the party so refusing, and upon evidence of his injuri-
riousnesse therein to commit him to prison, t without Baile
or mainprize, untill he shall acknowledge the same. And
the Granter in such case is to enter his caution with the
secretary, or other officer appointed to Record such Deeds,
and this shall serve his interest in the mean time. But if
it be doubtfull whether it be the deed or grant of the party,
he shall be bound with sureties to the next Court of Magis-
trates, and the caution shall remain good as aforesaid.
Lastly, it is ordered, that in each plantation, either the sec-
retary, or some other officer, be appointed, duly to enter
and Record, in a Book kept for that purpose, all and every
such grants, sale, bargains, morgages of Houses, Lands,
Rents, and other Hereditaments, as aforesaid, with all and
every such caution, together with the name of the Granter
and Grantee, thing and Estate granted, with the date there,
of; the Grantee paying sixpence to the Secretary or officer,
for each such entry or Record.

COOrER, SEE CASKE,

Courts for Strangers,
For the ease and conveniency of strangers, who sometimes
cannot stay to attend the ordinary courts of Justice, it is

*Gen. 23: 16, 17, 18.— Jer. 32 : 10, 11.
tl Thess. 4; C.

172

BLUE LAWS OF

ordered, that the Governor, Deputy Governor, or any Ma-
gistrate within this Jurisdiction, may call a special! court,
and that in such cases, any three Magistrates, calling in
such of the Deputies for the Plantation Court, as may be
had, shall have power to hear and determine all causes civ-
il and criminal, (triable in plantation courts, when two Ma-
gistrates are called in) which shall arise betwixt such stran-
gers ; or where any such stranger or strangers, shall be a par-
ty, whether plaintiff or Defendant, the secretary of the place
(as in other ordinary trialls) duly Recording the proceedings,
all which shall be at the charge of the party, or parties, as
the Court shall determine ; so that neither the Jurisdiction
nor plantation be charged by such courts.

CURSING, SEE PROFANE SWEARING.

Damages pretended, and Vexations Suites.

It is ordered, &c, that if any person or persons in any
suit, shall falsely pretend great damages or debts, to dis-
credit, trouble, or vex his, her, or their adversary, the Court
upon discovery and proof, shall have power to set a reason-
able fine upon the head of any such offender ; and that in all
cases, when it appears to the Court, that the plaintiff hath
willingly and wittingly done wrong to the Defendant, in
commencing and prosecuting any action, suit, complaint,
or other indictment, in his own name, or in the name of
others, he shall beside just damages to the party wronged
be fined forty shillings, or any lesse sum to the Jurisdiction
or Plantation Treasury, as the case may require.

DISTRESSE.

It is ordered, &c, that no Men's Corn or Hey, that is in
the field, or upon the Cart, nor his Garden Stuff, nor any
thing subject to present decay, shall be taken in distresse,
or by way of Attachment, unless it be first duly prized, by
order of some Magistrate or other officer ; and that he that

NEW HAVEN COLONY.

173

takes it, first put in due security to satisfie the worth of it,
if it come to any harm, with other damages, according to
the course of Justice.

DISTURBERS OF THE PCBLICK PEACE.

It is ordered, &c, that whosoever shall disturb or under-
mine the peace of this Jurisdiction or any of the plantations,
Churches, Families, or persons within the same, whether by
conspiring or plotting with others, or by his own tumultu-
ous and offensive carriage, traducing, reproaching, quarrel-
ling, challenging, assaulting, battery, or in any other way,
tending to publick disturbance, in what place soever it be
done, or shall defame any court of Justice, or any of the
Magistrates, or other Judges of any such Court within
this Jurisdiction, in respect of any act, or sentence therein
passed ; every such offender, upon due proof made, either
in the Generall Court, Court of Magistrates, or particular
court (if the tryall and issuing of the case exceed not their
limits) shall be punished by fine, imprisonment, binding to
the peace, or good behaviour, disfranchisement or banish-
ment, according to the quallity of the offence, or distur-
bance.*

DIVORCE, OR MARRIAGE DECLARED A NULLITY.

Desertion, 8pc.
It is ordered, &c, that if any marryed person, proved an
Adulterer, or an Adulteresse, shall by flight or otherwise,
so withdraw or keep out of the Jurisdiction, that the course
of Justice, (according to the mind and Law of God here es-
tablished) cannot proceed to due execution, upon com-
plaint, proof, and prosecution, made by the party concerned
and interessed, a separation or divorce, shall by sentence of
the Court of Magistrates be granted, and the published, and
the innocent party, shall in such case have liberty to marry
again. — Mat. 19 : 9.

*Numb. 16: against the sixth commandment, Ex. 22 : 29.

15*

174 BLUE LAWS OP

And if any Man Marrying a Woman fit to bear children,
or needing and requiring conjugall duty, and due benevo-
lence from her husband, it be found (after convenient for-
bearance and due tryall) and satisfyingly proved, that the
husband, neither at the time of Marriage, nor since, hath
been, is, nor by the use of any lawfull means, is like to be
able to perform or afford the same, upon the wives due
prosecution, every such marriage shall by the court of Ma-
gistrates, be declared voyd, and a nullety, the woman freed
from all conjugall relation to that man and shall have liber-
ty in due season, if shee see cause, to marry another; but
if in any such case, deceipt be charged and proved, that the
man before marriage, knew himself unfit for that relation
and duly, and yet proceed, sinfully to abuse an ordinance
of God, in so high a measure to wrong the woman, such
satisfaction shall be made to the injured woman, out of the
Estate of the offendor, and such fine paid to the Jurisdic-
tion, as the Court of Magistrates shall Judge meet. But if
any husband after marriage, and marriage duty performed,
shall by any providence of God be disabled, he falls not un-
der the Law, nor any penalty therein. And it is further de-
clared, that if any husband, shall without consent, just cause
shewn, wilfully desert his wife, or the wife her husband,
actually and peremptorily refusing all Matrimonial Society,
and shall obstinately persist therein, after due means have
been used to convince and reclaim, the husband or wife so
deserted, may justly seek and expect help and relief, accord-
ing to, 1 Cor. 7 ; 15, and the Court, upon satisfying evidence
thereof, may not hold the innocent party under bondage.

DOWKYES.

It is Ordered, &c, that every marryed Woman living
with her husband in this Jurisdiction, or other where ab-
sent from him, with his consent, or through his meer de-
fault, or inevitable providence, or in case of divorce where

NEW HAVEN COLONY.

175

she is the innocent party, that shall not before marriage be
estated by way of Joynture, (according to agreement,) in
some Housing Lands, Tenements, Hereditaments, or other
means for tearm of her life, shall immediately after the
death of her husband, have right and interest by way of
Dower, in and to one third part of all such Houses, Lands,
Tenements, and Hereditaments, as her said husband was
seized of to his own use, either in possession, reversion, or
remainder, within this Jurisdiction, at any time during the
marriage, to have and enjoy for tearm of her natural] life,
according to the Estate of such husband, free, and freely
discharged, of and from all Titles, Debts, Rents, Charges,
Judgements, Executions, and other incumbrances whatso-

to " '

ever, had, made, or suffered by her said husband during the
said marriage between them, or by any other person claim-
ing by, from, or under him, otherwise than by any act or
consent of such wife, as this Court shall ratine and allow.
And if the heir of the husband, or other person interested,
shall not within one month after lawfull demand made, as-
sign, and set out to such widow her Just third part conve-
nience, or to her satisfaction, according to the intent of
this Law, then upon due complaint and prosecution, either
before the Court of Magistrates or plantation Court, as the
case may require, her Dower or third part, shall be assign-
ed and set forth by such persons as the Court shall appoint,
with due costs and damages, provided that this Law shall
not extend to any Houses, Lands, Tenements, or other He-
reditaments, sold or conveyed away by any husband bona
fide, for valuable consideration before this Law was pub-
lished. And it is further Ordered, that every such wife as
before expressed, immediately after the death of her hus-
band, shall have interest in and unto one third part of all
such money, Goods and Chattels, of what kind soever,
whereof her husband shall dye possessed, (so much as shall
be sufficient for the discharge of his Funerall and Just
debts being first deducted,) to be allowed and set out to her,

17G

BLUE LAWS OP

(as before appointed) for her Dower ; provided alvvayes,
that every such widow endowed as aforesaid, shall from
time to time, maintain all such Houses, Fences, Inclosures,
with what else shall be for her life assigned to her of such
Estate for her Dowry, and shall in all respects leave the
same in good and sufficient repaire, neither committing nor
suffering any strip or wast.

ECCLESIASTIC ALL PROVISIONS.

Forasmuch as the word of God, as it is contained in the
holy scriptures, is a pure and precious light by God in his
free and rich grace given to his people to guide and direct
them in safe paths to everlasting peace.* And for that the
preaching of the same in a way of due exposition and ap-
plication, by such as God doth furnish and send, is, through
the presence and the power of the holy Ghost, the chief or-
dinary means appointed of God for conversion, edification,
and salvation. It is ordered, that if any Christian (so call-
ed) shall within this Jurisdiction, behave himself contempt-
uously toward the word preached, or any minister thereof,
called and faithfully dispensing the same in any congrega-
tion, either by interrupting him in his preaching, or falsely
charging him with errour, to the disparagement and hin-
drance of the work of Christ in his hands, f every such
person or persons, shall be duly punished, either by the
Plantation Court, or Court of Magistrates, according to
the quality and measure of the offence, that all others may
fear to break out into such wickednesse.

And it is further ordered, that whensoever the ministry
of the word is established within this Jurisdiction accord-
ing to the order of the Gospel, every person according to
the mind of God, shall duly resort and attend thereunto,
upon the Lords dayes at least, and also upon dayes of pub-

* Esay. 49 ; 23. 1 Tim. 2 ; 2.

t Acts 13 ; 10, with Bena his note upon it.

NEW HAVEN COLONY.

177

lick Fasting or Thanksgiving, ordered to be kept and ob-
served. And if any person within this Jurisdiction shall
without Just and necessary cause, absent or withdraw from
the same, he shall after due means of conviction used for
every such sinfull miscarriage, forfeit five shillings to the
plantation, to be levied as other fines.

It is further ordered, that all the people of God within
this Jurisdiction who are not in a Church way, being Or-
thodox in Judgment, and not scandalous in life, shall have
full liberty to gather themselves into a church estate, pro-
vided they doe it in a Christian way, with due observation
of the rules of Christ revealed in his word ; provided also,
that this Court doth not, nor hereafter will approve of any
such persons as shall Joyn in any pretended way of church
fellowship, unlesse they shall first in due season, acquaint
both the Magistrates and the Elders of the churches within
this colony, where and when they intend to Joyn, and have
their approbation therein. Nor shall any person being a
member of any church which shall be gathered without
such notice given, and approbation had ; or who is not a
member of some church in New England, approved by the
Magistrates and churches of this colony, be admitted to the
freedom of this Jurisdiction.

And that the ordinances of Christ may be replaced, and
comfortable provision made and continued for a due main-
tenance of the ministry according to the Rule. 1 Cor. 9 ;
6 to 12. Gal. 6 ; 6 ; it is ordered that when and so oft as
there shall be cause, either through the perversenesse or
negligence of men, the particular Court in each plantation,
or when no Court is held, the Deputies last chosen for the
General] Court with the Constable, or other officer, for pre-
serving the peace, &c, shall call the Inhabitants, whether
planters or sojourners, before them, and desire every one
particularly to set down what proportion he is willing and
able to allow yearly, while God continues his estate towards

178

BLUE LAWS OP

the maintenance of the ministry there.* But if any one
or more, to the discouragement or hindrance of this work
refuse or delay, or set down an unmeet proportion ; in any
and every such case, the particular Court, or Deputies and
Constable as aforesaid, shall Rate and assesse every such
person according to his visible Estate there, with due mod-
eration, and equal in proportion with his neighbours. But
if after that, he deny or delay, or tender unsuitable pay-
ment, it shall be recovered as other Just debts. And it is
further ordered, that if any man remove from the Planta-
tion where he lived, and leave or suffer his land there, or
any part of it, to lye unimproved, neither selling it nor free-
ly surrendering it to the Plantation, he shall pay one third
part of what he paid before, for his moveable Estate, and
Lands also ; and in each plantation where ministers main-
tenance is allowed in a free way without Rating, he shall
pay one third part of what other men of the lowest rank,
enjoying such accommodations, doe pay. But if any re-
moving, settle near the said plantation, and continue still to
improve his Land, or such part of it as seems good to him-
self, he shall pay two third parts of what he paid before,
when he lived in the plantation, both for moveable estate
and Land, or two third parts of what others of like accom-
modation pay.

ESCHEATS.

It is ordered, &c, that where no heire, or owner of
Houses, Lands, Tenements, Goods or Chattels, can be
found upon the decease of the late Testator or proprietor,
A true Inventory of every such estate in all the parts and
parcels of it, shall, with the first conveniency, be duly ta-
ken, and a Just apprizement made upon oath by fit men
thereunto appointed by the Magistrate, or such authority as;

* 3 Chron. 31 ; 4, Neh. 13 ; 10 to 15,

NEW HAVEN COLONY.

179

at the time is in the plantation, when the said Estate is, and
the whole estate to he seized to the publick Treasury, till
the true Heirs or ouners shall make due claime thereto,
unto whom the same shall be restored upon Just and reason-
able tearms.

FALSIFYING, SEE FORGERY.
FENCES, SEE CATTLE.
FINES, SEE RATES.

Fire.

It is ordered, &c, that whosoever shall kindle any fire
in woods or grounds lying in common or inclosed, so as
the same shall burn fences, Buildings, or cause any other
damage in any season or manner not allowed by the author-
ity in that plantation, or on the last day of the week, or on
the Lords day, such persons shall pay all damages, and half
so much more for a fine to the plantation, and if not able
to pay, shall be corporally punished as the Court shall judge
meet. But whosoever shall wittingly and willingly burn,
or destroy any farm, or other building, Timber hewed,
sawn or riven, heaps of Wood, Charcoal, Corn, Hey, Straw,
Hemp, Flax, or other goods, he shall pay double or treble
damages, as the Court shall Judge meet; or if not able to
make such restitution, he shall be either sold for a servant
till by his labour he may doe it, or be severely punished as
the case may require.

FORGERY, OR FALSIFYING.

It is ordered, &c. that if any person shall Forge or falsi-
fie any Deed or conveyance, testament, Bond, Bill, Release,
Acquittance, Letter of Attorney, or any writing to prevent
Equity and Justice, he shall stand on the Pillory three sev-
erall Lecture days, or other dayes of most publick Resort,
as the plantation Court, or Court of Magistrates, (accord-
ing to the value of the cause,) shall appoint, and shall ren-

180

BLUE LAWS OP

der double damages to the party wronged; and further, he
shall be disabled to give any evidence to any Court, or
magistrate in this Jurisdiction, till upon his repentance>
satisfyingly manifested to the Court of Magistrates, he be
by sentence released.*

FORNICATION.

It is ordered, &c. that if any man shall commit Fornica-
tion with any single Woman, they shall be punished, either
by enjoyning marriage, or fine, or Corporall punishment,
any, or all these, as the Court of Magistrates, or plantation
Court, duely considering the case with the circumstances,
shall Judge most agreeable to the word of God.f

FRAUDULENT CONVEYANCES, SEE CONVEYANCES.

Gaming.

To prevent much inconvenience which may grow by
gaming, it is ordered, that no person, who either as an In
keeper, or seller of strong Liquors, wine or Beer, enter-
taines strangers or others, to lodge, or eat, or drink, shall
permit or suffer any to use the game of shuffleboard, or any
other gaming within his house, or limits, under the penalty
of twenty shillings for every time so offending. And what-
ever person or persons, shall so play or game, in any such
house, or place, or in any other Gaminghouse, where there
is a common resort to such play, or gaming, shall forfeit
for every such offence five shillings. And whosoever shall
so play, or game, for money, or money-worth, shall further
forfeit double the value thereof, one half to the informer,
and the rest to the plantation, within the limits whereof he
so played or gamed.

* It is also atestimony against the ninth commandment.
tDeut.2-J; 23, 29. Exod. 22 ; 16, 17.

NEW HAVEN COLONY.
HERESIE.

181

Although no creature be Lord, or have power over the
faith and conciencies of men, nor may constrayn them to
believe, or professe, against their consciencies, yet to re-
strayn, or provide against such as may bring in dangerous
Errors or heresies, tending to corrupt and destroy the soules
of men, it is ordered, &c, that if any Christian, within
this Jurisdiction, shall go about to subvert or destroy the
Christian faith, or Religion, by broaching, publishing, or
maintaining any dangerous errour, or herisie, or shall en-
deavour to draw, or seduce others thereunto, every such
person, so offending, and continuing obstinate therein, after
due means of conviction, shall be fined, banished, or other-
wise severely punished, as the Court of Magistrates, duly
considering the offence, with the aggravating circumstan-
ces, and danger like to ensue, shall Judge meet.*

HORSES.

Whereas many questions, and sometimes troublesome
suits grow betwixt men, about Horses running together in
the Woods unmarked, it is ordered, that each plantation in
the Jurisdiction, shall have a Marking Iron, or flesh-brand,
for themselves in particular, to distinguish the Horses of
one plantation from another ; namely, New Haven, an Iron
made to set on the impression of an H. as a brand-mark,
Milford an MF, Guilford a G, Stamford an S, Southold an
S, with an OS in the middle of it, Brainford a B, which
plantation brand-mark, is to be visibly and as sufficiently as
may be, set upon the near buttock of each Horse, Mare,
and Colt, belonging to that plantation. Beside which,
every owner is to have, and mark his Horse or Horses with
his own particular flesh brand, having some Letter or Let-

*2Cor. Jam. 4: 12, 2. 2 Pet. 2: 1, 2, with Deut. 13; 5. Zach.
13; 3,6.

182

BLUE LAWS OF

ters of his name, or such distinguishing mark, that one
Man's Horses may be known from an others. And that
in each plantation, there be an officer appointed, to record
each particular man's mark, and to see each particular
man's horse, mare, and colt, branded, and take notice, and
to record the age of each of them, as near as he can, with
the colour, and all observable marks, whether natural or
artiflciall ; and what artificial! marks it had before the
branding, whether on the Ear, or elsewhere, with the year
and day of the month when branded. And in each planta-
tion, the officer for his care and pains, to have sixpence of
the owner, for each Horse, Mare or Colt so branded and
Recorded. And that after the publishing hereof, everyone
who hath any horse or horses, of what age or kind soever,
doe duly attend this order, at his perill ; the officer also is
to recpiire as satisfying evidence of his right, who presents
any such Horse, &-c, as may be had, or to record any de-
fect of due eivdence, that a way may be open to other
cl aimers.

IMPOST UPON WINES AND STRONG LIQUORS.

For the better support of the Government of this Juris-
diction, &x. that every person, merchant, seaman or other,
who shall bring any Wine into any Harbour, or place
within this Colony, (except it come directly from England,
or out of some other Harbour within this Jurisdiction,
where they have already paid custome, and that certified
by the officer who received it, before he or they land or dis-
pose any of it, more or lesse) shall first make entry of so
many Buts, Pipes, or other Vessels, as he, they, or any
of them shall put, take on shore, or any way dispose, by a
notice in writing, delivered to the Jurisdiction Treasurer,
at his house, or to some other officer, appointed by each
plantation, who is to be upon his oath for the said service,
under the penalty of forfeiture, confiscation of all such

NEW HAVEN COLONY. 183

Wines as contrary to this order, are or shall be landed or
sold before such entry made, wheresoever found, or some
lesse penalty, as the Court shall Judge meet. Upon proof
that the errour was committed throu ignorance, and the
first buyer under the same penalty, shall see the same be
done, the one half to the Jurisdiction, and the other half
to him that informs and prosecutes in the case. And the
merchant, or owner of such Wines of any kind, as soon
as he imports, lands and sells them, or any of them, shall
deliver and pay to the said Treasurer, or officer, for every
But or Pippe of Fiall wines, or any other wines of those
Islands, five shillings ; for every Pipe of Madary wines, six
shillings and eight pence ; for every But or Pipe of Shevris,
Sack, Maliga or Canary wines, ten shillings ; for Bastards
Tents and Alligants, ten shillings. And proportionably for
greater or lesser Vessels of each kind ; and for every Hogs-
head of French wines, two shillings and sixpence, and
proportionably for quarter or lesser vessels. And upon
proof that any the forementioned wines, have been import-
ed or landed, without such entry and payment, if neither
the seller nor wine can be found, then double the value of
the said customes, by this order due to the Jurisdiction, are
to be recovered by way of action, as other debts, of the first
buyer of said Wines, if it will not be paid otherwise.

And it is further ordered, that whosoever shall bring any
strong liquor, of what kind soever, into any Harbour, or
other part of this Colony, (unlesse directly out of England,
or out of some other port of this Jurisdiction, where cus-
tomehath been paid, and certified, as in the case of wines)
before he or they land or dispose of any of it, more or
lesse, shall first make a true and full entry, of the quanti-
ty he shall so import, or cause to be imported or landed,
by a note in writing, delivered to the Jurisdiction Treasu-
rer, at his House; or to some other officer, as in the case
of wines, under the like penalty of forfeiture, with mitiga-
tion if the case require it, as there, one half to the Juris-

184

BLUE LAWS OF

diction, the other half to him that informs and prosecutes.
And the owner, or importer, of any such strong Liquor, as
soon as he lands, imports and sells it, or any part of it,
shall deliver and pay to the said Treasurer or officer, for
every Anchor containing ten gallons, six shillings and eight
pence, and so for greater or lesser quantities, namely, after
the rate of eight pence a gallon. And the first buyer, shall,
under the same penalty, see that such entry and payment
be duly made. And that whosoever within this Colony,
shall at any time for sale or merchandize, distill any sort of
strong Liquor, he or shee, shall, within eight days after
the same is distilled, and so ready for use, or sale, give in
a like true note in writing, of the full quantity so distilled,
to the Treasurer, or other officer, under the like penalty,
and shall, within three months after, duly pay, or cause
to be paid to the said Treasurer, or officer, after the rate
of eight pence a Gallon, for the full quantity so distilled;
and upon proof that any such strong Liquor hath been dis-
tilled and sold without such entry and payment, the value
thereof shall be forfeited to the Jurisdiction, unlesse cause
of mitigation appear, as in the wines. And that no person
at any time retaill any sort of strong Liquor, within this
Jurisdiction, without cxpresse license from the authority of
the plantation, within the limits whereof he so sells, where
the selling of lesse than three Gallons at a time, is to be ac-
counted retaill, and that due moderation be attended in
prises when it iss retailed. But that any of any sort, be at
any time sold above three shillings and six pence a wine
quart. Lastly, it is ordered, if any distilling any such
strong Liquor, within this Colony, shall by way of trade
or Merchandize, after he hath paid such custome, ship and
send forth, out of this Jurisdiction, any quantity of the
same, he shall, for so much, have the said custome repay-
ed, by the Treasurer, or officer who received it.

NEW HAVEN COLONY. 185
IMPRISONMENT.

It is ordered that no mans person shall be imprisoned
either for fine or debt, to the Jurisdiction or plantation, or
particular person, if any competent means of satisfaction
from his estate, doe otherwise appear ; but if no such es-
tate be known, nor can be presently found, or if contempt
and other proud and offensive behaviour against the Court
or any authority here settled, be mingled with his cause, he
may be imprisoned, and kept in prison at his own charge,
if he be able, till satisfaction be made, or till the Court
which committed him, or some Superior Court, see cause
to release him. Provided, nevertheless, that no mans per-
son shall be kept in prison for debt at the will of the cred-
itor, but when there appears some estate which he will not
produce, in which case any Court or Commissioners au-
thorized by the General Court, may administer an oath to
the party, or any others suspected to be employed, or privy
to the conveying away or concealing of such Estate, or
some of it ; but if any such person or persons, in such case
being so required, shall refuse to discover the truth by
oath, he shall be liable to such fine as the Court duly weigh-
ing the case, shall Judge meet ; but if no Estate can be
found to pay or satisfie such Just debt or debts, every such
debtor shall satisfie by service, if the creditor or creditors
require it, for such time as the Court considering the debt,
shall with due moderation judge meet ; but shall not be
sold to any out of the United English Colonyes. If the
debt grow by any ordinary way of borrowing, contracted,
or other engagement, and not by sinfull and heynous mis-
carriages which disturb the public peace, which the Court
to whose cognizance such cases are proper, will duly weigh
and consider. Ezra 7 ; 26.

INCEST.

It is ordered, &c, that if any persons shall commit In-

16*

186 BLUE LAWS OF

cest, which is, when being near of kin, within the degrees
by God forbidden, they wickedly defile themselves one with
another, they shall be put to death. Levit. 20; 11, 12, 14,
17, 19, 20,21.

INDIANS.

It is ordered, &c, that no plantation, Inhabitant, or So-
journer within this Jurisdiction, shall directly or indirectly,
for himself, or any other, purchase or truck any plantation
or Land, upland or meadow, more or lesse of any Indian
or Indians, or others from them, either upon the maine be-
tween Connecticut River and Hudsons River, or upon
Long Island, nor shall receive any land by way of gift, or
upon any other tearms for his or their, or any, either pub-
lick or private use or advantage, or as agent for others who
may pretend to begin a plantation without express licence,
either from the Court of Magistrates for this Jurisdiction,
or at least from some one of the plantation Courts, where
there is a Magistrate and Deputies. And in the latter case,
the land to lye so as neither in point of title nor conveni-
ency may concern any other plantation, but onely the plan-
tation so licencing, under the penalty of losing and forfeit-
ing all the Right and title purchased or obtained in any
such land, with such further punishment for contempt as
the Court shall judge meet. And if any person or persons,
within this Jurisdiction, by what way or means soever be
already justly possessed or interested of, or in any Land
within the limits before mentioned, he or they shall neither
directly nor indirectly by gift, sale, nor upon any other con-
sideration or respect, alienate or return the right he or they
have in the same, or any part of it, to the Indians, or any
of them, without Licence from this Court ; and if any plant-
ation within this Jurisdiction shall hereafter purchase, or
upon any tearms receive or obtain title or Right to any
Land from the Indians, or others from them, which may

NEW HAVEN COLONY.

187

concerne or convenient to another plantation within this
Jurisdictkn also ; and so there grow any question or differ-
ence either in reference to the land or this order, it shall
be heard and determined by this Court, that peace may be
continued, and the conveniency of each plantation provi-
ded for.

And the better to suppresse or restraine the inconvenien-
cies or mischiefs which may grow by a general and unlim-
ited furnishing of the Indians with guns, powder, shot, or
any other weapons or instruments proper or usefull in or for
war, it is ordered that whosoever of, or within this Juris-
diction, or any part thereof, shall directly or indirectly, by
himself or any other, sel, barter, give, lend, lose, or by any
means or device whatsoever, furnish any Indian or Indians,
or any of them, with any guns, small or great, by what
name soever called, or with any powder, shot, lead, or shot
mould, or with any stocks or locks for guns, or swords, Ra-
piers, Daggers, or blades for any such, or pikes or pike
heads, halberts, arrow heads, or any other provision or fur-
niture for war, of what kind soever, whether fully finished
or not ; or what smith, or other person within or belonging
to this Jurisdiction, shall mend any gun, stock, or anything
belonging to it, or procure it to be done, or any the fore-
mentioned or other weapons or instruments proper or used
for war, without expresse written licence from this Gener-
all Court, or some one or more Deputed by them to give
such licence, with directions upon what tearms, and in
what manner, such a trade with a due respect to all the pre-
mises shall be managed, shall forfeit and pay to the Juris-
diction, twenty times the value of what shall be sold, bar-
tered, or any way alienated, mended, or upon any contrive-
ment or device, done contrary to the tenour and true mean-
ing of this order, or any part of it, whereof one 4th part
goeth to the informer, and the rest to the Jurisdiction.

And to the same purpose and end, it is further ordered,
that whosoever shall either directly or indirectly, sel, bar-

183

BLUE LAWS OF

ter, or cause to be sold, &c, any guns, powder, shot, lead,
or any of the forementioned instruments or provisions for
war, to any person or persons inhabiting out of this Juris-
diction, without licence from two Magistrates of this Juris-
diction under their hands, or where there is but one Ma-
gistrate under his hand, and the hands of two Deputies for
the plantation Court, shall, as a fine for his breach of order
and contempt, pay five times the value of what shall be so
sold, bartered, &c.

And it is further ordered, that the Magistrate or Magis-
trates, who at any time give any such licence under their
hands, shall keep a true account in writing of all the par-
ticulars and quantities he or they so licence, to whom and
upon what grounds, that upon any question this Court may
receive satisfaction therein ; and that every such licence be
limited as to the particular tilings and quantities; so that
to the time that if the same or any part thereof be not with-
in the limited time sould and delivered, the licence for the
whole or such part to be altogether void, and each sale or
delivery after without a new licence, to be adjudged a
breach of this Order.

And the better to prevent controversies and disturbance
betwixt the English and Indians in Jurisdiction ; it is or-
dered that whosoever shal upon any occasion, trust or take
power or pledge of any Indian for the securing of payment
of any thing sold or lent, he shall neither after take any
thing from him or them by force, for, or towards satisfac-
tion, nor dispose of any pawn or pledge so received, though
the time set for redeeming it be enquired, without either
consent of the Indian, or licence from the Court, or from
the authority settled in the plantation where he lives.
Indians, see further into the title of Inn Keepers.

TITLING AND DRl'NKNESS.

Indictments.

If any person shall be indicted of, or legally charged

NEW HAVEN COLONY.

189

with any capitall crime, (who is not then in durance,) and
shall withdraw, or refuse to render his person to some Ma-
gistrate or Officer for this Jurisdiction, within one month
after the proclamations publickly made in the town or plan-
tation where he did formerly usually abide, there being a full
month betwixt procklamation and proclamation; his lands
and goods shall be seized to the use of the Jurisdiction,
(and ordered with due respect to his family, as the Court of
Magistrates shall judge meet,) till he make his lawfull ap-
pearance. And such withdrawing of himself shall stand
in stead of one witnesse to prove the crime charged, un-
lesse he can make it appear to the Court that he was neces-
sarily hindered.

Inkccpers, Tipling, Drunkness. — Ezra 7 : 26.

It is ordered, &c, that no person or persons, shall at any
time hereafter, under any pretence or colour whatsoever,
undertake or become a common Victualler, keeper of a
Cookes Shop or house for common entertainment, tavern,
or publick seller of Wine, Ale, Strong Beer, or Strong Li-
quor by retaile, within this Jurisdiction, nor shall any ei-
ther directly or indirectly, sell any sort of Wine privately
in his house, cellar, &c, or out of doores, by a lesse quan-
tity, or under three Gallons at a time, without approbation
and licence of the plantation court to which he belongeth ;
and where there is no such Court without the licence of the
Constable and major part of the freemen, under the pen-
alty of five pounds, to be paid to the plantation for the first
miscarriage complained of, and proved ; and ten pounds for
the second miscarriage so proved ; and where payment can-
not or will not be made, imprisonment during the Courts
pleasure, for the first offence ; and for the second offence,
such further punishment as the Court shall order. And
that no person so licenced, shall sell any Beer or Ale above
three pence an ' Ale quart, under the penalty of three shil-
lings and four pence for sueh miscarriage proved the first

190

BLUE LAWS OP

time, and six shillings and eight pence the second time.
But it is allowed and ordered, that any man that will, may
sell Beere or Ale out of doores, at a penny a quart, or
cheeper.

It is further ordered, that whosoever licenced as before,
selleth any sort of wine by retaile, that is, by any lesse
quantity than three gallons at a time, he shall pay the Ju-
risdiction Treasurer over and above the custome before
mentioned, after the rate of forty shillings for every But or
Pipe so retailed ; and every one that selleth by retale, shall
give a true account and notice to the said Treasurer, or to
some other officer appointed for that purpose in each plan-
tation, of the true or full quantity which he either buyeth
or receivcth into his custody, and that within one week
after he is so possessed of it, upon pain of forfeiting the
same, or the value thereof ; and shall further every six months
truly account with the Jurisdiction's Treasurer, or other
officer as aforesaid, for what he hath sold by retale as afore-
gaid, and discharge the same, having due allowance for
what he hath sold by greater parcels than by his order is
accounted retale; and in case of delay or neglect of pay-
ment after demand, the Treasurer or Officer shall recover it
by action as other debts, provided that if any person shall
give in a false account to defraud the Jurisdiction upon
due proof, he shall pay double the value of what he would
so have kept back.

And it is further ordered, that every person licenced to
draw and sell Strong Beer, Ale, Wine, or Strong Liquor,
do see and take care that good order, and all Rules of So-
briety be duly attended in his course and house, and about
the same ; and that he neither see, nor suffer any to be
drunken, or to drink excessively, or to continue tipling
above the space of an hour, or at unreasonable times ; or
after nine of the clock at night, without weighty cause, nor
that any children or servants without the consent of Parents
or Governors, be permitted to sit or stay there drinking, or

NEW HAVEN COLONY.

191

unnecessarily to spend their time there, especially at late Of
unseasonable hours, but that he duly complain to authority,
that all such disorders may be seasonably suppressed, under
the penalty of 5 shillings for the first offence, with such in-
crease of fine for a continued slightness or neglect as the
Court shall determine.

Provided notwithstanding, that such licenced persons
may entertain strangers, land travellers, seafaring men, lodg^
ers, or others for their necessary occasions, refreshments,
or during meals, when they come from their Journeys or
Voyages, or when they prepare for their Journey or Voyage,
in the night, or next day early, or such may continue in
such houses of common entertainment, as their business
and lawful] occasions may require, so that there be no dis-
order among them.

But every person found drunken, namely so, that he be
thereby for the present bereaved or disabled in his under-
standing, appearing in his speech, jesture or carriage, in any
of the said houses, or elsewhere, shall forfeit for the first
time, ten shillings ; and for excess of drinking, or continu-
ing in any such place unnecessarily at unseasonable times,
or after nine of the clock at night, five shillings; and for
continuing tipling there above the space of an hour, two
shillings sixpence for the first offence, and for the second
offence in each kind, and for all further disorder, quarrel-
ing, or disturbance, whether a first or second time, such fur-
ther fine or punishment as the Court shall determine.

And for that God may be much dishonoured, and many
inconveniences may grow by the Indians disorderly drink-
ing of wine, Strong Water, and Strong Beer, unto which
they are much addicted ; it is ordered, that no person what-
soever, shall directly, or indirectly, within this Jurisdiction
sel any Wine, Strong Water, or Strong Beer, to any Indian
or Indians, or procure any for them, either to drink with-
in this Jurisdiction, or upon any pretence to carry away,

192

BLUE LAWS OF

without special licence, under the hand of some Magistrate
of this Jurisdiction, or in any plantation, where there is no
Magistrate, under the hand of one of the Deputies, or con-
stable where he lives ; and that no licence so given, shall
serve, or be of force, anylonger than for that one particular
time, and for the limited quantity then granted, under the
penalty of five shillings for the first offence, and ten shillings
for the second ; but if any shall offend the third time, it is
left to the plantation court where the offence is committed
to consider the case, and to inflict such punishment or in-
crease of fine as shall be meet ; and in any plantation, where
at present there is no court kept, the Deputies last chosen,
for the general court, or constable, shall require the forfeit-
ures, and for defect of payment, make seizure of so much
out of the Delinquents^Estate ; but if any person shall of-
fend the third time, every such person, shall by the said
Deputies, or constable, be bound over to answer it before
the next Court of Magistrates.

LAWS WITHOUT PENALTY.

It is by this Court declared and ordered, that in all laws
and orders formerly, now, or hereafter to be made, where
no fine, or penalty is expressed and limited, all transgres-
sours have been, are, and shall be liable to such penalties,
or punishments, as the court of Magistrates, or any plan-
tation court, to which the cognizance appertains weighing
the nature of the offence, with the circumstances shall judge
meet, liberty of appeals, or complaints, as in other cases,
being duly presented.

LEATHER AND SHOO-MAKEES.

Upon consideration of the damage or injury, which may
sustaine by the ill coming of Leather, and by the Shooe-Ma-
kers ill making it up into Shooes and Boots, it is by this
court ordered, that in every plantation within this Jurisdic-
tion, where either Tanner or Shooe Maker is imployed in

NEW HAVEN COLONY.

193

their trades, one or two sealers shall be chosen and appoint-
ed, as the occasions require, who shall be under oath, faith-
fully, (according to their best ability,) to discharge their
trust ; and shall scale no leather, but such as they judg
sufficiently tanned, and fit to be wrought out, and sold in
Shooes and Boots. And that every such plantation shall
have two scales, to distinguish betwi\t good leather wel and
sufficiently tanned, and such, as though tanned enough, is
in some other respect defective, either by overliming, or
for want of being wel wrought upon the beame, or by frost,
or hath received some damage in drying ; so that though it
may serve for inward or middle soales, yet not for other
uses without dammage to the buyer ; all which Leather, so
defective, shall be sealed with a different seale, that it may
be known to be faulty. But that which is not sufficiently
tanned, shall neither be sealed, nor used in Boots or Shooes
till it be duly tanned. The choosing and appointing of
which sealer or sealers, the print or marke, which planta-
tion shall set upon their seales for good or faulty Leather,
with the rate to be allowed for sealing, being left to the sev-
erall plantations, but no tanner within this Jurisdiction shall
upon any pretence, sel, deliver, cause or suffer to be deliv-
ered, or pass out of his hands, or custody, any hide or hides
till being fully dry, they be first sealed by the officer or of-
ficers thereunto appointed, under the penalty of forfeiting
the said Leather, or the value of it to the plantation where
the offence is committed.

And it is further ordered, that if any Shooe Maker shall
use, or put any unsealed Leather, either in Boots or Shooes,
or put any of the forementioned faulty Leather, (though
sealed as such,) in any outward soals, or upper Leather, or
in any other place, which may be hurtful to the buyer, or
wearer; or shall use any other way of deceit in making up
his ware, he shall make due and full recompence to the per-
son or psrsons wronged, and complaining, and shall suffer
such further punishment as his offence considered with the
17

194

BLUE LAWS OF

circumstances shall require. And whosoever shall bring
hides from any other place, and shal sel or use any of them
for bootes or shooes within this Jurisdiction, before they be
sealed by some officer here, according to the import of this
order, or shal use them in Bootes or Shooes, contrary to the
intent thereof; the hides so sold or used, or the value of
them shal be forfeited to the plantation where the offence is
committed, or such recompence or Fine shall be made or
paid, (if it grow only of ignorance) as the case may require ;
provided that if both buyer and seller be faulty, they shall
pay the forfeiture betwixt them; but due tenderness and
respect is to be had of an innocent stranger, who brings,
sels, or uses good leather, though for want of means to
know the law, it were unsealed.

LEVIES. SEE MARSHALL.
LYING.

It is ordered, that if any person above the age of fourteen
years, shall wittingly and willingly make, and publish any
lye, tending to the damage, or injury of any particular per-
son, or with intent to deceive and abuse the people, with false
news, or reports, or which may be, any way pernicious to
the publick world ; and the same complained of, and duly
proved, either before any Court or Magistrate, or where
there is no Magistrate, before the Constable, or other offi-
cer, he calling one or two of the freemen to him (who are
hereby inabled to hear and determine ordinary offences of
this nature, according to the tenour of this Law) the offen-
der shall pay to the plantation, where he is prosecuted for
his lying, as it is a sin against God, for the first offence, ten
shillings; and if after such conviction, he offend the second
time, he shall pay for that second offence twenty shillings,
which fines or penalties shall be severally levied as in other
cases. But if any such person be not able, or utterly re-
fuse to pay the said fines, or either of them, he shall in such

NEW HAVEN COLONY.

195

case be committed to the stocks; and for the first offence
shall continue there betwixt one and two hours; for the
second offence betwixt three and four hours. But if he of-
fend the third time, he shall bepublickly whipt for the same;
each person being notwithstanding left to his liberty, to pros-
ecute further by action of slander, defamation, or otherwise,
as the case may require. But the said Court, Magistrate,
or other officer as before, finding weighty aggravations in
the case either in the sin against God, or disturbance, and
damage to the Publick, and to proceed accordingly ; or if
need require may bind the offender over to the Court of
Magistrates. John 13: 4. Psal. 119 : 09. Hosea 4 : 4, 2.

MAGISTRATES OR OTHER JUDGES IN RELATION.

To prevent occasions and jealousies of partial and undue
proceedings in Courts of Justice, it is ordered, that no
Magistrate, or Deputy, shal sit as a Judge, or among the
Judges, when any cause of his own is tryed ; and that in
every case of civil nature, between party and party, where
there shal fal out so near relation between any Judg and
any of the parties, as betwixt Father and Son, either by
nature or marriage, Brother and Brother, Uncle and
Nephew, Landlord and Tenant, in matters of considerable
valew, wherein any one of them being one of the Judges is
concerned ; such Judg, though he may be present at the
Tryal, and may propound and hold forth light in the case,
yet he shall neither sit as Judge, nor shal have power to
vote or pass sentence therein ; and in case the Court,
without such Magistrate or Deputy, may not proceed,
either two Magistrates may be called in, or the matter re-
ferred to the Court of Magistrates, if it be not otherwise to
Just satisfaction issued.

MANSLAUGHTER.

It is ordered, that if any person, in the Just and neces-
sary defence of his own life, or the life of another, shal kil

196

BLUE LAWS OF

any person attempting to Robb, or Murther in the field,
Highway, or other place, or to break into any dwelling
House, if he cannot otherwise prevent the mischiefe, or
with safety of his own person, take the fellow or assailant,
and bring him to Tryal, he shall be holden blameless.

MARRIAGE.

For the preventing of much inconvenience, which may
grow by clandestine and unlawful marriages ; it is ordered,
that no persons shal be either contracted, or Joyned in
Marriage, before the intention of the parties proceeding
therein, hath been three times published, at some time of
of publick Lecture, or Town Meeting, in the Town or
Towns where the parties or either of them dwel, or do
ordinarily reside ; or be set up in writing, upon some post
of the meeting house door, in publick view, there to stand,
so as it may be easily read by the space of fourteen daies ;
and that no Man, unless he be a Magistrate in this Juris-
diction, or expressly allowed by the General Court, shall
marry any persons, and that in a publick place, if they be
able to go forth, under the penalty of five pounds fine for
every such miscarriage.

And the Court, considering that much sin hath been
committed against God, and much inconvenience hath
growen to some members of this Jurisdiction, by the irreg-
ular and disorderly carriage of young persons of both sexes,
upon purpose or pretence of Marriage, did and do order,
that in this Jurisdiction, whoever shall attempt, or indeav-
our to inveagle, or draw the affections of any maide or
maide servant, whether Daughter, Kinswoman, or in other
Relation, for himself, or for any other person, without the
consent of Father, Master, Guardian, Governor, or such
other, who hath the present interest or charge, or (in the
absence of such) of the Magistrate, whether it be by speech,
writing, message, company-keeping, unnecessary familiar-
ity, disorderly night meetings, sinful dalliance, gifts, or any

NEW HAVEN COLONY.

197

other way, directly or indirectly, every such person (beside
all damages which the Parent, Governor, or person intrust-
ed or interessed, may sustain by such unlawful proceed-
ings,) shall pay to the plantation forty shillings for the first
offence ; and for the second offence towards the same party,
four pounds ; and for the third offence, he shal be further
fined, imprisoned or corporally punished, as the Plantation
Court, or Court of Magistrates, considering all circum-
stances, shall determine. Numb. 30 : 5. Exod. 22 : 16,
17.

And whereas some persons, men or women, do live, or
may come to settle within this Colony, whose wives or
Husbands are in England or elsewhere, by means whereof
they are exposed to great temptations, and some of them
live under suspition of uncleanesse, if they do not fal into
lewd and sinful courses, it is therefore ordered, that all
such persons, living within this Jurisdiction, shall by the
first opportunity, repair to the said relations, (unless such
cause be shewn to the satisfaction of the Plantation Court,
that further respite and liberty be given,) under the penalty
of paying twenty pounds fine for contempt or neglect here-
in, provided that this order do not extend to such as are, or
shall come over to make way for their Families, or are in a
transient way for trafick, merchandise, or other Just occa-
sions, for some small time. I Cor. 7 : 5.

That Justice may be the better executed, the Jurisdic-
tions occasions carried on, and that the Marshall and other
officers may know how to demean themselves in their places ;
it is ordered, that in case of Rates and fines to be levied,
and in case of debts and executions in civil actions, the
officer shall first demand the summ due of the party, or at
his House or place of abode, but upon refusal or nonpay-
ment, he shall have power, (calling in such assistance as
the case may require,) to break up the door of any house,

MARSHALL.

17*

198

BLUE LAWS OF

chest, or place where he shall conceive, or have notice,
that any goods, liable to such levy or execution, shall be;
And if he be to take th' person, he may do the like, if upon
demand he shall refuse to render himself; and whatever
charges the officer, in any such case, shall be put unto, he
shall have power to levy the same, as he doth the debt, assess-
ment, or Fine ; and in case the officer be put to leavy any
such goods, as cannot without considerable charge be con-
veyed to the place where the Treasurer, or party dwelleth,
who should receive the same, he shall levy the said charge
also, with the rest ; provided it be lawful for any such offi-
cer to leavy any Mans necessary Bedding, Apparel, Tooles,
Armes, or such implements of Household stuff as serve for
his necessity, without express direction from the Court ;
upon whose sentence the execution or seizure was grounded,
or at least, of some Magistrate of the Jurisdiction, but in
such cases he shall levy his Land or person. And in no
case, shall the officer be put to seek out any Mans Estate
further than his place of abode ; but if the party will not
discover his goods or Lands to a sufficient value, the officer
may take his person.

And to prevent the inconveniences which may grow by
the slightness of some Mens spirits, who are apt to neglect
and violate wholesome orders and Laws, made in the Juris-
diction or plantations, it is ordered, that whosoever shall be
fined by any Court, for any disorder or breach of Law, every
such person shall forthwith pay the fine or penalty, or put in
security specially to do it, or else shall be imprisoned, or kept
to work, if the Court, upon due consideration of persons and
circumstances, Judge it not meet to make other seizure.

MASTERS AND SERVANTS, &LC.

It is ordered, &c, that no Servant, Male or Female, or
other person under government, shall, without license from
his, her, or their Masters or Governors, either give, sel, or

NEW HAVEN COLONY.

199

truck any commodity whatsoever, during the time of their
service or subjection, under the pain of such Fine or cor-
poral punishment as the Court, upon a due consideration
of the offence, shall Judg meet ; and that whosoever shall
receive from, or trade with any child, Son or Daughter,
under age, and under government, or with any servant or
servants, in a suspitious disorderly manner, or shal harbor
or entertaine any such in the night, or at other unseason-
able times, or shall suffer them disorderly to meet at any
place within their, or to play at shovel-board, or other
game or games, to drink, spend money or provisions, or
shal use or suffer any offensive, sinful carriage, conference,
counsel, or songs, which in their nature tend to corrupt,
all such persons shall be liable to such Fines, or other pun-
ishments, as the Court shall Judge meet.

MAYNING, WOUNDING, &.C.

If any shal, in distempered passion, or otherwise, sin-
fully, hurt, wound, or maine another, such person shal be
punisht by fine, with some valuable recompence to the
party ; and shal pay for the cure, with loss of time, &c.
And when the case requires it, the Court of Magistrates
are duly to consider the mind of God, as it is revealed.
Exod. 21 : 18 to the 28. Levit. 24 : 19, 20.

MILITARY AFFAIRS.

For as much as the well managing of the Militia is, un-
der God, in all places, of great import and concernment,
for publick peace and safety, it is ordered, that (beside a
general stock of guns, powder, shot, match, &c. provided
and kept in store by each plantation in this Jurisdiction,
according to former agreements of the commissioners
for the united colonies, and orders of this Court, which
they are hereby required to keep continually full, and
in a constant readiness for service upon all occasions,
and by the Deputies to make a true certificate thereof

200

BLUE LAWS OP

yearly to the General Court,) every male within this
Jurisdiction, from sixteen to sixty years of age, (not
freed by publick allowance,) shall be, and from time
to time continue, wel furnished with arms, and all other
suitable provision ; namely, a good serviceable gun, such
as shall be ordered by the Court, and allowed by the Mili-
tary officers, to be kept in a constant fitness in all respects
for service, with a fit and sufficient Rest, a good Sword,
bandaleers, or borne, a scowerer, a priming wire, shot
bagg, charger, and whatsoever else is necessary for such
service, with a pound of good powder, four pounds of pis-
tol Bullets, or four and twenty Bullets fitted for the gun,
four faddom of serviceable match, for a match lock gun,
five or six good flints fitted for every firelock gunn, under the
penalty of ten shillings for any defect ; and the Military
officers are hereby required to give or send in an account
yearly, in May, from each plantation, to the General Court,
or Court of Magistrates, how the inhabitants are furnished
and provided.

That in each plantation within this Jurisdiction, accord-
ing to the number of Soldiers in their Trainband, and as
they are furnished with able men for such a service and
trust, Military officers, as need requireth, shall from time
to time be chosen. And all the Freemen in each plantation
shall have their vote, in the nomination and choice of them ;
provided that none but freemen be chosen. And that every
Captaine and chiefe officer ch'sen in any of the plantations,
for the Military affaires, shal, from time to time, be pro-
pounded to the next General Court, after he is chosen, for
approbation and confirmation. And if the said Court have
any Just exception against any so propounded, the freemen
shall proceed to a new choice, that the Jurisdiction may be
furnished with such officers as in whom they may satisfy-
ingly confide.

That in each plantation, the captaine or chief military
officer, shall once in each quarter of a year at least, but

NEW HAVEN COLONY.

201

oftener if there be cause, order or take a strict view, how
many male, from sixteen to sixty years of age, is furnished
with Arms and provisions, according to the former direc-
tions; and where any are found faulty, the clark, or some
other officer, shall duly present their names, with each de-
fect, to the next plantation court, or to such officer (when
there is no court) who hath a trust in civil affairs, that the
fines and penalties may, from time to time, be duly levied.
And if this view of arms, &c. shall at any time be neglect-
ed, or the defects not duly presented, the captain or chief
military officer, or the other officers ordered to take this
view, or the Clark, or officer appointed to present, &c.
shall pay forty shillings each quarter, when this service, or
any part of it is omitted, as the fault, upon examination,
shall joyntly or severally be justly charged.

There shall be in each plantation within this Jurisdic-
tion, every year, at least six training daies, or daies of pub-
lick military exercise, to teach and instruct all the males
above sixteen years of age, (who are not freed from that
service) in the comely handling, and ready use of their arms,
in all postures of War, to understand and attend all words
of command; and further, to fit all such as are in some
measure instructed, for all military service, against there be
occasion, under the penalty of forty shillings, to be levied
of the military officers, as the Court, upon examination,
shal find them more or lesse faulty ; and with respect to
their places, the greater trust paying the greater fine for
neglect ; which dayes of training, shall be some of them
in the Spring of the year, before Harvest, and some in
the latter end of Summer, before winter, as may best suit
each plantation ; but at no time any two of these traynings
shall be within fourteen dayes of another.

And it is further
ordered, that on every such Training day, the captain, or
Chief Military officer present, cause the names of all the
soldiers to be read, at least in the forenoone, but in the af-

202

BLUE LAWS OF

ternoon also, if he see cause. And whosoever, in any
training day, shal be totally absent, shal pay five shillings
for every such default ; whosoever shal at any time of the
day withdraw himself from the service, without leave from
the chief Military officer present, he shall pay either as for
total absence, or a greater or lesser fine, as the offence,
considered in all circumstances, may require ; and whoso-
ever shal come late, shal pay for each such default, one
shilling ; and for any other disorderly offensive carriage)
according to the nature and measure of it. This court ex-
pecting from each plantation, that they suffer not men to
neglect, or grow slight in service of such import.

That a fourth part of the trained band in every planta-
tion, shal in their course, as the Military officers shal or-
der, come constantly to the publick worship of God every
Lords day ; and (such as come) on Lecture dayes, to be at
the meeting house, at latest, before the second Drum hath
left beating, with their Arms compleat, their Guns ready
charged, their match for their match locks, and flints ready
fitted to their firelock guns, with Shot and Powder for at
least five Shot, beside the charge in their guns, under the
penalty of two shillings fine, for every person negligent or
defective in furniture, and for late coming, one shilling;
the sentinel also, and they that walk the round, shal have
their matches lighted, during the time of their meeting,
if they use their match locks, and shal diligently and faith-
fully attend their duty, under such further penalty as the
breach of such a trust may require.

That a strict watch be constantly kept in the night, in all
the plantations within this Jurisdiction, according to all
such orders, as shal from time to time be made, either by
the General Court, or by plantation Courts, or officers in-
structed for civil affairs, where there is no Court; and that
both for number of watchmen in each plantation, the time
of setting or beginning the watch every night, their rising
and leaving it in the morning, all other carriage and duties

NEW HAVEN COLONY.

203

in managing this trust, they duly attend and observe all
directions given. And it is left to the care and considera-
tion of the Governor, Magistrates, officers, or any of them,
as the case may require, to double or further increase the
watch by night, in times of danger, and to appoint some
competent number of men to ward or walk by day, with
their Armes in, or about the plantation, as may best tend
to the publick safety ; and if any watchman or warder, do
at any time neglect his duty, either in coming too late to
the service, or departing too soon from it, not coming
compleatly furnished with Arms, according to order, or
any other way neglecting duty, or falsifying his trust, he
shal pay such fine, or receive such punishment, as his neg-
lect or unfaithfulnesse deserves, that both himselfe may be
warned, and others may feare to be slight, or false in a
matter of such concernment.

But upon consideration of publick service, and other
due respects, it is ordered that all magistrates within this
Jurisdiction, and teaching Elders, shal at all times hereaf-
ter, be freed, not onely in their persons, but each of them,
shal have one son or servant by vertue of his place or office,
freed from all watching, warding and training. And it is
further ordered, that all ruling Elders, Deputies for Courts
intrusted for Judicature, all the chief military officers, as
Captains, Liefteanants and Ensignes, the Jurisdiction
Treasurer, Deacons and all Physitians, School Masters and
Surgeons, allowed by authority in any of these plantations,
all masters of Ships and other Vessels above 15 tun, all
public Millers, constantly imployed, with others for the
present discharged for personal weakness and infirmity,
shall in their own persons, in time of peace and safety, be
freed from the said services; and that all other seamen and
ship carpenters, and such as hold farms above two miles
from any of the plantations, train onely twice a yeare, at
such times as shall be ordered, either by the authority, or
by the military officers of the plantation. But all persons

204

BLUE LAWS OF

freed and exempted from the respective services, as before,
shall yet in all respects, provide, keep and maintain in
a constant readinesse, compleat arms, and all other mili-
tary provisions, as other men, Magistrates and teaching
Elders excepted, who yet shal be constantly furnished for
all such sons and servants as are hereby freed from the fore-
mentioned services. Judg. 5 ; 8. 1 Sain. 13; 19, 22.
Luke 22; 36. Gen. 14 ; 14. 2 Chro. 12 ; 33. 2 Chro.
17; 18. 2 Sam. 1 ; 18. Nehem. 4 ; 10, to the end.

MINISTERS MAINTENANCE, SEE ECCLESIASTICAL PROVISIONS.

OPPRESSION.

To prevent, or suppress much sin against God, and much
damage to men, which doth, and may grow by such as
take liberty to oppress and wrong others, by taking excess
in wages for work, or unreasonable prises for commodities,
it is ordered, that if any shal offend in either of the said
cases, upon complaint and proof, every such person shall
be punished by fine or imprisonment, according to the qual-
ity and measure of the offence, as the court shall judge
meet. Jer. G; 6. Jer. 22; 15, 1G, 17. Ezek. 22 ; 29.
Hosea 12 ; 7.

PLANTATIONS.

Whereas the Freemen of every town or plantation with-
in this Jurisdiction, have in sundry particulars, liberty to
make orders among themselves, as about fencing their land,
ordering or keeping their cattel or swine, &c, as may best
suit with their own conveniency ; it is by this court ordered,
that if any greater cattel, of what sort soever, or swine
belonging to one plantation, be found either unmarked, or
proved to have done trespass, or both, within the limits of
another plantation, the damage being duly Rated, the
owners of such Cattel or Swine, shal from time to time,
pay all Fines and damages, according to the Just agree-

NEW HAVEN COLONY.

205

ments and orders, made by the plantation where the tres-
pass is done ; provided that the orders be such, and no other
than what they make and execute upon themselves in like
cases.

POUND. POUND BREACH.

For prevention, or due recompence of damages in corn-
fields, or other places, done by cattel or swine; it is order-
ed, that there shal be one sufficient pound, or more, made
and maintained in every plantation within this Jurisdiction,
for the impounding of such cattel or swine as shal be found
in any cornfield, other inclosure, or place prohibited, til
it may appear where the fault and damage ought to be
charged. And whoso impounds any cattel or swine, shal
give present notice to the owner, if he be known, or other-
wise they shal be cryed at the two next Lectures, or most
publick meetings, but if yet the owner be not found, then
fine and damages to be recovered, as in the order about
cattel, &c, and if any of them escape out of the pound,
the owners, if known, shal pay all just damages and
charges.

But if any person or persons, shal resist, or rescue any
cattle or swine going, or driven towards the pound, or shal
by any way, or means, get, or convey any such out of the
pound, without due order, from lawful authority, settled by
this Court, he or they, shal pay for such rescue, or disor-
der, forty shillings, and in case of pound breach five pounds,
beside just damages to the party wronged. And if in the
rescue, any bodily harme be done to any person, he, or
they, may have remedy from the rescuer, or rescuers; and
if any such miscarriage be committed, by any, not able, or
refusing to answer the forfeiture and damage, every such
person shal sustaine such bodily punishment, as the court
shall Judge meet, and shal answer all damage to the party
by service, if Estate cannot be found, as in the case of oth-
er just debt; and if it appear there were any procurer of

20G

BLUE LAWS OF

abettor of the former offences, every such person shal be
liable to forfeiture, dammage, or punishment, as if he him-
selfe had done it.

PROP1IANATION OF THE LORD'S DAY.

Whosoever shal prophane the Lord's Day, or any part of it,
either by sinful servile work, or by unlawful sport, recrea-
tion or otherwise, whether wilfully, or in a careless neglect,
shal be duly punished by fine, imprisonment, or corporally,
according to the nature and measure of the sinn, and offence.
But if the court upon examination, by clear and satisfying
evidence, find that the sin was proudly, presumptuously, and
with a high hand committed against the known command
and authority of the blessed God, such a person, therein des-
pising and reproaching the Lord, shal be put to death, that
all others may fear and shun such provoaking Rebellious
courses. Numb. 15 : from 30 to 36 verse.

PROPHANE SWEARING OR CURSING.

If any person, within this Jurisdiction, shall swear rashly
and vainly, either by the holy name of God, or any other
oath, or shal from distempered passion, or otherwise, curse
another, he shall forfeit to the plantation, where he so of-
fends, for the first offence, 10s. And if after such convic-
tion, he offend the 2d time, he shall pay for that 2d offence,
20s. and it shall be in the power of any Magistrate alone,
or when there is no Magistrate, of any Constable, or Depu-
ty of a particular Court, calling into him, one or two of the
freemen, to warn or cal such a person before him, and up-
on sufficient proof, to pass sentence, and leavy the said
penalties, according to the usual order of Justice in this
Jurisdiction. But if any such person be not able, or utter-
ly refuse to pay the forementioned fines, or any of them, he
shal in such case be committed to the stocks, and for the
first offence, shal continue there betwixt one and two hours;
for the second offence, betwixt three and four hours. But

NEW HAVEN COLONY.

207

if the same person, notwithstanding such former proceed-
ings, shal offend the third time, by such swearing, or curs-
ing, he shal be whipped, for his incorigible prophaneness.
But if swearing and cursing go both together, or be accom-
panied with other sinful aggravations, such miscarriages
shal be punished with a higher fine, or corporally with due
severity, as the court shal judge meet.

RATES, FINES, &C.

Whereas much inconvenience may arise by neglect of
officers in collecting, and seasonably paying in, all such
Rates, fines, and debts, as from time to time, grow due to
the Jurisdiction Treasury ; it is ordered, that in each plan-
tation, where the officer, or collector, doth not at the time
appointed for the payment of all such Rates, and fines, or
at furtherest within one moneth after, (though his office
within, or after that month be expired) and that by distress,
whereunto he is hereby enabled, when a milder course will
not serve, gather and receive them, in some such pay, as
this court hath appointed, and presently without delay, pay
them in, as each plantation hath, or shal order, that the Ju-
risdiction Treasurer may be duly furnished for the publick
occasions; that then the particular court or Constable, in
each such plantation, cause the said Rates, and fines to be
levied by distress, out of the proper estate of such remiss
collector, or officer, to prevent further inconvenience, and
disturbance to the plantation. But if any such officer, or
collector, be removed out of the Jurisdiction, or if any of
the planters be dead, removed or grown insolent, or if by
any other means, the full payment of the Rates, and fines
be hindred, the present authority in any such plantation, by
a due assesment, are to leavy and gather the same, of the
present planters, and without delay, to pay it in to the Ju-
risdiction Treasurer; otherwise the cattel, or the goods, of
jany plauter or planters, are to be seized by the Marshal,

208

BLtTE LAV/S OP

or other officer, without assistants, as in the Law for pub-
lick charges is exprest.

RECORDS.

It is ordered that all parents, masters, Housekeepers'
and others, who have either children, servants, sojourners
or lodgers in the house, or dwelling with them, shal bring
into the secretary of the plantation where he lives, or to
such other officer in each plantation, as shal be thereunto
appointed, the names of such persons belonging, or any
way referring to them, or any of them, as shal either be
born, or dye, with the respective time of each such birth,,
or death. And also that every new Married Man, (if mar-
ried within this Jurisdiction,) shal bring in the certificate
thereof, under the hand of the Magistrate or officer that
married him, with the time when, to be recorded first by
the officer of the plantation, where he was married; but if
married in another Jurisdiction, though at present or after
he come to be an inhabitant in this, then to record the mar-
riage where he liveth ; and to pay for every Record, wheth-
er birth, death, or marriage, three pence, whereof two
pence for each such Record, shal be to the officer in each
plantation, who shal both Record in the plantation book
and yearly deliver or send a transcript of every birth, death
or marriage with a penny for each, to the secretary for the
General Court. And what person soever, (to whom it
doth belong) shal neglect to bring in a note, or certificate
as aforesaid, together with three pence for each Record to
the said plantation officer, more than one Month, after each
birth, death or marriage, he shall pay for each six pence to
the said officer ; if he neglect two months, he shal pay
twelve pence ; if three months, five shillings; which for-,
feits shal go, two third parts to the plantation officer, the.
rest to the Jurisdiction officer. And if the plantation offi-
cer shal either neglect to Record, or deliver over the trans-
scripts as before ; or if the secretary for the General Court,

NEW HAVEN COLONY.

209

ehal neglect to record them, each officer for every such
neglect shal pay to the Jurisdiction Treasurer, ten shillings.

It is further ordered and declared , that every man shal
have liberty to Record in the publick Register of any
Court, any testimony given upon oath, in the same Court,
or before two Magistrates, or any Deed, or evidence, legal-
ly confirmed, there to remaine in pcrpetuam rci memoriam;
and that every inhabitant in this Jurisdiction shal have free
liberty to search, and view any such publick Records or
Registers, and to have a copie thereof, written, examined,
and signed by the secretary, or officer of said court, paying
the due charge or fees therefore. Also every trial betwixt
party and party, and proceedings against Delinquents in
criminal causes, shal be briefly and distinctly recorded, the
better prevented, after mistakes, and other inconveniences.

REPLEVIN.

It is ordered and declared, that every man shal have lib-
erty to replevy his cattle, or goods, impending, distreined,
or seized, unless it upon execution after Judgment, or for
payment of Rates or fines ; provided he put in good secu-
rity to prosecute the Replevin, and to satisfy such damage,
as his adversary shal recover against him in law.

SABBATH, SEE PROPIIANATION OF THE LORD'S DAY.
SEAMEN, &C.

It is ordered, that if any Seamen, Marriner, Master of
Ship, or Vessel, or other person, shal receive into any
Ship, Pinnace, Bote, Cannoe, or other Vessel, by what
name soever called, and shal carry away, or suffer to take,
or have passage, out of any harbor, or plantation, within
this Jurisdiction, any child, servant, or other person, wheth-
er Male or Female, whom he knoweth to stand in relation,
or under the charge and goverment of another, and so not
at his or her own present dispose, or any Debtor, Delin-
18*

210

BLUE LAWS OP

quent, or offender, whom he knoweth ; or hath heard to be
under, or liable to any engagement, censure or punishment,
to, or from any particular person, or the authority of this
Jurisdiction, or any plantation therein, without express,,
and written license, from some Magistrate, dwelling in that
plantation, or from the Constable, or Deputies intrusted for
civil affairs, where there is no Magistrate, or at least from
the master, or Governor of the family, who hath the trust or
power, where there is no other ingagement or guilt ; he>
shal be liable (if known and apprehended in any part of this
Jurisdiction) to satisfie, and pay all such debts and ingage-
ments as any such person oweth, or ought to satisfie, and
to pay such damage or fine to the person wronged, or to the
plantation, or Jurisdiction, as the court considering the
case, with the circumstances, shal judge meet.

SENTENCES OF JUDGMENT.

It is ordered that all sentences of Judgment, upon crimi-
nal causes, shal be executed upon the offenders in the pres-
ence of the Magistrates, or one of them at least, Deut. 25,
2, of some other officer in the absence of the Magistrate.

SERVANTS, SEE MASTERS.
SHOOMAKERS, SEE LEATHER.

SINGLE PERSONS.

To prevent or suppress inconvenience and disorder in
the course and carriage of sundry single persons who live
not in service, nor in any family relation, answering to the
mind of God in the fift commandment, it is ordered that
no single person of either sex, do henceforward board,
diet, or sojourn, or be permitted so to do, or to have lodg-
ing or house room within any of the plantations of this ju-
risdiction, but either in some allowed relation, or in some
approved family licensed thereunto by the Court, or by a
Magistrate, or some officer or officers in that plantation ap-

NEW HAVEN COLONY.

211

pointed thereunto, where there is no Magistrate, the gov-
ernor of which family so licenced, shal, as he shal conveni-
ently, duly observe the course, carriage, and behaviour of
every such single person, whether he or she walk dilligent-
Jy in a constant lawful imployment attending both family
duties and the publick worship of God, and keeping good
order day and night, or otherwise. And shal then com-
splaine of any such disorder, that every such single person
anay be questioned and punished if the case require it. And
If any single person shal dyet or lodge, or if any house
keeper shal admit or entertaine any such, contrary to the
true meaning of this order ; or if any licenced to receive
such, shal neglect to complaine of any disorder observed,
all, and every such persons, shal pay such fine as the Court
or authority appointed for the place, shal judge meet.

SOJOURNERS, SEE STRANGERS.

Strays.

It is ordered, that whosoever shal take up or detain any
stray beast or swine, or find any lost goods, he shal within
six daies give notice thereof to the marshal, cryer, or other
officer, appointed for such service by the plantation to
which he belongs, who shal enter, or cause the same to be
entered in a Book ; and take order that it be duly cryed on
their 3 next Lecture dayes, or upon 3 several dayes of the
Towns next General meeting, which the time will afford ;
and if the value exceed twenty shillings, he shal cause the
like publication to be made at the publick meetings of the
two next Towns, that the owner may the better hear of, and
recover what belongeth to him. And further, in the case
of a stray beast, he shal within one moneth after such find-
ing, put and indeavour from time to time, a with or wreath,
about the neck of it ; and within three months at further-
est, (if the owner in that time appear not) he shal acquaint
the next magistrate with the stray taken up, or goods found,
and his due proceedings about them, that the same may be

212

BLUE LAWS OF

apprised by such indifferent men as the said magistrate
shall nominate and appoint. And that in six dayes after
that, cause the apprisement to be duly Recorded by the
Secretary of the plantation Court, or Constable, or other
Officer there intrusted for publick affairs, with the colour,
age, natural or artificial marks, or such other description
as best suits the stray or goods so taken up or found. And
if the owner of any such stray appeare within one yeare
after such publication, he shal have restitution in kind, if
with safety and conveniency it might be so long kept, pay-
ing all just damages and charges to the finder and officers;
nay, if he appear within three years after the stray was first
taken up, (paying as before,) he shal have the ful value (ac-
cording to the forementioned apprisement) restored. But
if the owner shal be, and continue so negligent that neither
in the first, second, nor third year he improve the means
prescribed to assert and clear his title ; the said stray, or
lost goods, (to prevent contention and inconvenience which
may after grow,) shal be in reference to the first owner by
sentence of the plantation Court, lost and forfeited; and
the ful value all damages and charges to the finder, officers,
or others, being first deducted, (wherein if there be any
question the Court, or some indifferently chosen ; if there
be no Court in that plantation, shal consider and deter-
mine) shal be equally divided, one half to the plantation,
and the other half to the finder. But if the said finder
shal omit or neglect his duty, or any part of it, according
to the former directions, he shal pay such damage to the
owner, and such fine to the plantation as the Court, upon
consideration of the miscarriage, shal judge meet ; if he
proceed further to sel, kil, or any way for his own advan-
tage, dispose or alienate the property of such stray without
attending the said directions, he shal upon proofe, pay
double the value either to the owner, if he may be found,
or to the plantation to which the finder belongs; provided,
also, that if the owner or other person shal injuriously

NEW HAVEN COLONV.

213

without order from authority, or consent of the finder, take
off such with or wreath, or take away such stray (after such
with or wreath to his knowledge hath been put on,) before
he have cleared his interest and given satisfaction for dam-
ages, or charges expended, he shal forfeit the ful value of
the stray apprised as before, to the use of the finder.

STRANGERS, SEE COURTS.
STRANCERS COMPLAINING.

If any stranger, or person of another nation, complain
of injury received from any within this Jurisdiction ; it is
ordered that due search and enquiry be made concerning
the same, that justice may have a free passage ; and that
the stranger (if wronged) may receive due satisfaction, ei-
ther out of the estate of the offender, or by his corporal
punishment, as the case may require, and according to
Mat. 7; 12. Exod. 22 : 21. 23:9.

STRANGERS, SOJOURNERS AND SERVANTS.

To prevent sundry inconveniencies which may grow to
this Jurisdiction, and the plantations thereof, by the incon-
siderate and disorderly receiving and entertaining of stran-
gers or others) to be planters or sojourners in any part of
this Colony ; it is ordered that hence forward, no person
receive or entertain any man or woman, of what age or
quallity soever, coming or resorting either from forraign
parts, or from other Jurisdictions or plantations, into any
plantation, or farme-house, or habitation, within the bounds
or limits of any plantation within this Jurisdiction, to set-
tle as a planter or sojourner, nor sel, give, nor any way al-
ienate or pass over, lease, or let, any house, or house-lot, or
any part or parcel of any of them, or any land of what
kind or quality soever, nor shal permit any such to stay or
abide above one moneth, without a licence from and under
the hand of some Magistrate dwelling in that plantation, or
without the consent and express order of the major part of

214

BLUE LAWS OF

the freemen of such plantation, where there is no Magis-
trate, or without the consent and order of the greater part
of the Inhabitants, where there is neither church nor free-
men, under the penalty of ten pounds, to he paid as a fine
to the plantation where this order is violated. Yet, if any
such violation or offence be made or committed only by
error or mistake, and with smal or no inconvenience to the
plantation or Jurisdiction, the fine or penalty may be mod-
erated as the plantation Court, or Court of Magistrates,
shal see cause. Provided that this order is neither intended
nor reacheth to travellers, nor such as resort hither in a way
of merchandise or trade, nor to the entertainment of Friends,
who, in a way of love, come only to visit and walk inoffen-
sively, nor to servants received and entertained upon family
respects. In all which cases, as every perticuler person con-
siders his own conveniency in receiving and entertaining :
so the Court of Magistrates or plantation Court, will con-
sider how far they may justly free the Jurisdiction, or plan-
tation, from inconvenience and charge. But it is by this
Court ordered, that if any servant fal sick, or any way de-
seased or distempered during the time of service by cove-
nant or agreement, the Governor of such servant while
that tearm lasteth, shal provide what is necessary without
putting any burden or charge upon the plantation or Juris-
diction. And if such hurt came or were brought upon
such servant by the cruelty or miscarriage of the family
governor, such governor shal allow recompence or mainte-
nance after the time of relation is expired, as the planta-
tion Court shal judge meet. But if the hurt came by any
providence of God, without the default of the family Gov-
ernor, the plantation shall dispose or provide for such ser-
vant after his or her time of service is expired, as the case
may require.

And to prevent difference or questions which may arise,
and grow within this Jurisdiction ; it is agreed and ordered,
that if any person, male or female, elder or younger.

NEW HAVEN COLONY.

215

whether with or without license, shal hereafter sojourne, or
have constant dwelling or abode, within the limits of any
plantation in this Jurisdiction, for and during the tearm or
time one whole year, every such person shal to all purposes
(in reference to any plantation within this Jurisdiction, but
no further,) be accounted an Inhabitant there, and shal not
be sent back, or returned, (unless to some particular per-
son, standing and continuing in relation to receive and
provide, as the case may require,) nor shal the Jurisdiction,
or any other plantation in it, be liable to any charge or
burden, in reference to any such person, though he or she
hath dwelt elsewhere in the Jurisdiction before.

STRirES.

Stripes, or whipping, is a correction fit and proper in
some cases, where the offence is accompanied with childish
or brutish folly, with rude filthiness, or with stubborn inso-
lency, with bestly cruelty, or with idle vagrancy, or for faults
of like nature. But when stripes are due, it is ordered, that
not above forty stripes shal be inflicted at one time. Deut.
25 : 3. Prov. 19 : 29. c. 26 : 3.

SLUTS VEXATIOUS, SEE DAMAGES PRETENDED.
SWEARING, SEE PROPIIANE SWEARING.
SWINE, SEE CATTEL, AND SEE PLANTATIONS.
THEFTS, SEE BURGLARY.

TRESPASS.

It is ordered and declared, that in any Trespass or dam-
age done to any man or men, if it appeare, or can be proved
to be done, by the meer default of him or them upon the
losse or damage fals, it shall be Judged no trespass, nor any
recompence allowed for it.

WATCH, SEE MILITARY AFFAIRS.

210

BLUE LAWS OP

WEIGHTS AND MEASURES.

Whereas a considerable part of Rigliteousnesse, between
buyer and seller, doth consist in known, certain, and just
weights and measures, it is ordered, that in every plantation
within this Jurisdiction, there be several standards procured:
and sealed, that they may be uniform and certain, viz : for
weights, a set of Brass weights to 4 pounds, with the less;
weights included, according to the Averdepois pound, con-
sisting of sixteen ounces, with a good Beam and Scales fit
to try them. And so for corn measure, the Bushel, halfe
Bushel, Peck, and halfe Peck, to be fitted to Winchesters
measure in England, and alike in all plantations. And
measures for liquid things, as Ale quart, wine quart, wine
pint, &c, and that there be one Ell and a yard, that all and
each may be according to the use in London, as is gene-
rally practiced in these United Colonies. And that in goods
sold by the Ell or yard, a thumbs breadth be allowed to the
length of each Ell and yard ; in goods sold by the hundred
weight, that five score and twelve be allowed. And in all
sorts of nails sold by the hundred, six score be allowed to
the hundred, according to the course in England.

And that in each plantation within this Jurisdiction, some
fit man or men be chosen and appointed, under the oath
view, and try all the forementioned weights and measures,
used in buying and selling, at least once a year, but oftener
if there be cause, and to fit them to the forementioned
standards, and then to mark them with some such known,
approved mark, and to have such allowance for the same
as each plantation shal order; which viewers or officers, so
sworn, shal, in each plantation yearly, (beside extraordinary
viewers,) appoint a convenient time and place to prove
and try all such weights and measures, and shal give pub-
lick or due notice of it ; and such weights or measures as
cannot be brought or conformed to the standard, shal be
ordered or destroyed, that they be no more used in buying
or selling.

NEW HAVEN COLONY.

217

Lastly, if any viewer or officer, so chosen and sworn, do
neglect his duty and trust, in any part of the premises, he
shal pay as a fine to the plantation, forty shillings. If any
person, within this Jurisdiction, after such notice given,
shal necrlect to bring in his weights and measures, at the
time and to the place appointed, he shal pay three shillings
four pence, for every such default, one halfe to the viewer
or officer, and the other halfe to the plantation. But if any
person within this Jurisdiction, shall at any time buy or sel
by any false or unallowed weight or measure, to the damage
of his neighbour, he shall pay (beside restitution,) such
fine to the plantation as the Court, considering the nature
and measure of the offence, shall Judge meet.

WILLS, INVENTORIES, AND THE ESTATES OF SUCH AS DYE

INTESTATE.

It is ordered, that when any person dyeth possessed of an
Estate, within this Jurisdiction, whether it be greater or
lesse, the Secretary of each plantation, or some officer
thereunto appointed, shal enquire and call for the last wil
and testament of every such person, together with a true
inventory of all the goods and Estate of the deceased, with-
in this Jurisdiction, which with the first conveniency, shal
be Justly prized, and the Estate disposed or preserved, as
the case shal require. But the Will, (if any be made and
found,) and the inventory, shal be duly and respectively
proved by oath, the wil by witnesses, the Inventory for the
quantity of goods, by Executors, Administrators, or such
as have had the Estate in custody. And for the valuation
by the Apprisers, who shal be approved and appointed there-
unto, by the plantation Court, or by some Magistrate or
authority there settled, and shal be recorded by the secre-
tary or some other officer, in all the particulars, and so kept
among the plantation Records, and after presented to the
next Court of Magistrates, or at the furtherest, to the next
Court but one, after the party deceased, under such penalty
19

218

BLUE LAWS OF

as the Court shall Judge meet, and delivered to the Secre-
tary for the Jurisdiction, who shal keep all original wills
and Inventories upon the file, and enter onely a brief ab-
stract of them among the Jurisdiction Records; namely,
the date, of the wil, the names of the witnesses, when
proved, when the Inventory was taken, the persons by whom
the Estate was prised, with the summe it amounts to, and
writing upon the Wil and Inventory in what folio the prem-
ises are entered in the Book of Records. And six shillings
be paid for every such Wil and Inventory. But in planta-
tions where there is no Court, the Jurisdiction Secretary
shal, at each General Court, call the Deputies for such
Wils and Inventories, which can be brought in and entered
at large, in a Book of Records, kept by the Court of Ma-
gistrates for that purpose, and the originals kept on the file,
as before expressed. And in such cases, the Jurisdiction
Secretary to receive the fees due both to himself and the
plantation Secretary. And when either the Wils or Inven-
tories, or both, are large, and require much writing, the
Court of Magistrates, or plantation Court, may enlarge the
Secretaries fees. But if through the unskilfulnesse, or in-
advertency of any person, any Wil or Wils, made or left,
want due form, or cannot be legally proved, in such case,
the Court, following as near as they rationally may the
scope and aim of the testator, the Executor, or Adminis-
trator, before any of them intermeddle or have any power
of such an Estate, shal (if the Court see cause,) put in
sufficient security, which shal stand in force three years
from the date, to deliver back the value of the whole Estate,
or such part of it as the Court shal find Just cause other-
wise to dispose of.

But if no Wil be found, then the Court of Magistrates,
or plantation Court, shal consider who hath the next right
of Administration, and when any such doth administer, he,
she, or they, shal give such Bond or security as the Court,
considering the value of the estate, with such questions as

NEW HAVEN COLONY.

219

are like to arise, shal Judge meet, to bring in a true inven-
tory, within a convenient time limited, and to dispose of
the whole estate, as the Court, according to the laws here
settled, shal see cause to order, that the true estate, all Just
debts being paid, and all necessary expences discharged,
such as about the Funeral of the deceased, prising the
goods, bringing in the Inventory, immediate and reasonable
charges of housekeeping til things (without unnecessary
delay) may be settled, shal be divided and allotted as follo-
eth ; namely, one 3d part at least, to the widow of the de-
ceased, if he leave a widow. And if there be children left,
not or not duly provided for, two third parts at most to them,
with due respect to the eldest son, who is to have a double
childs proportion of the whole estate, Real and personal,
unlesse the General Court, upon Just cause and grounds
shal judge otherwise, either for dividing the Estate, or for
the portion of the first born. But in case the Intestate
leave his wife (who hath well deserved of him while he
lived,) and but one child, one third part of the Estate shal,
as before, go to the Widow, and one third part to the child;
but the other third part shal be divided by the plantation
Court, as they see cause, betwixt the widow and the child,
reserving liberty for an appeal, either to the Court of Ma-
gistrates or to the General Court, as in other cases.

WINE, SEE IMPOST.
WITNESSES.

That Justice may have the more free passage, it is or-
dered, that any one Magistrate or other officer, authorised
by the General Court, may, upon oath, take the testimony
of any person of fourteen years of age or above, being of
sound understanding and of good reputation, in any case,
civil or criminal, out of court, and testifie the same, if it
be desired, by his subscription, for evidence in another Ju-
risdiction. But if be for this Jurisdiction, the Magistrate,

220

BLUE LAWS OF

or officer is to keep the same in his own hands or custody,
til the court, or deliver it to the Secretary or other officer,
to be recorded, that nothing be altered in it. And yet
where any such witnesse lives in the plantation where the
court is held, or at furtherest within sixteen miles of it, and
is not disabled by sicknesse or other infirmity ; the said
testimony, so taken out of court, (especially in capital
causes,) shal not be received or made use of in court, ex-
cept it were either at first taken in presence of the party
testified against, or that the witnesse be after present in
court, to be (if there be cause,) further examined about it
And it is further ordered, that any person, (by warrant from
a Magistrate, or other officer thereunto authorised,) sum-
moned to appeare as a witnesse in any civil case betwixt
party and party, shal not be compellable to travel to any
court in another plantation, where he is to give his testi-
mony, except he who procured the summons, shal first lay
down or give him satisfaction for his travel and expences
outward and homeward, after the rate of two shillings a
day, in proportion to the length of the way, and for such
time as he shal necessarily spend in attendance about such
case at the court or place, due recompence shal be awarded
by the court. And if any witnesse so summoned, and
after such payment, or satisfaction, shal fail to appeare to
give his testimony, he shal (upon an actionof the case,) be
liable to pay the parties damages. And the like appearance
(under such penalties as the nature and weight of the case
may require,) shal all witnesses (being summoned) be bound
to make, to give evidence in criminal causes, who shal also
have due satisfaction from the Treasurer, upon notice and
direction from the secretary of the court where the case
was tried. And it is further ordered, that in all such cases,
the charges of the witnesses shal be born by the Delin-
quent, and shal be added to the fine or censure imposed.
That what the treasurer, upon such warrant from the court,
shal disburse to the witnesses, may be duly repaid by the

NEW HAVEN COLONY.

221

offender, that neither the Jurisdiction nor plantation be
unnecessarily burdened.

WOLVES.

Upon experience of great hurt already done by wolves in
these parts, and upon consideration how mischievous the
increase of them may prove, it is (for the incouragement of
all such as wil set themselves to kil and destroy them,) or-
dered, that whosoever shall kil an old Wolf, within this
Jurisdiction, and bring his head, shal have for the same
20s., and for each young Wolf so killed, 10s. And that
the Indians have for each old Wolfes head, so killed, five
shillings; and for each young one, 2s. and 6d., which sev-
eral sums are to be paid by the plantation within the limits
whereof sush Wolfe is killed, the bounds whereof are the
lines betwixt each plantation ; and to this purpose so to be
accounted 12 miles up into the country.

SOME PRESIDENTS AND FORMES OF THINGS FREQUENTLY

USED.

Simmons.

To (A. B.) Husbandman of B. you are to appeare at the
next Court, holden at N. on the day of month

next ensuing, to answer unto the complaint of (C. D.) for
withholding a debt of due upon a Bond or Bills, &c.

or for a Horse, &ic. sould you by him, or for work, or for a
trespass done him, in his Corne or Hay, by your cattel, or
for a defamation, or Slander you have raised or brought
upon his name, or for striking him, or the like. And hereof
you may not fail at your peril. Dated the
day of month, 1655.

An Attachment.

To the Marshal or constable of (N.) or to his Deputy ;
19*

222

BLUE LAWS OF

you are required to attach (when the case requires it) the
body and goods of (E. F.) and to take Bond of him to the
value of with sufficient surety or sureties, for his ap-

pearance at the next court holden at (N.) on the day
of the month, then and there to answer the complaint

of (G. H.) for &c. as before, and so make a true returne
thereof, under hand. Dated the day, &c.

Bond for Appearance.

Know all by these presents, that we (E. F.) of M., Hus-
bandman, and (I. K.) of the same plantation, carpenter, do
bind ourselves, our Heirs and Executors, to (L. M.) Mar-
shal, or (N. O.) Constable of (N.) aforesaid, in pounds,
upon condition that the said (E. F.) shal personally appeare
at the next Court at (N.) to answer (G. II.) in an action of
and to abide the order of the Court therein ; and
not to depart without license.

Replevin.

To the Marshal or Constable of you are required

to Replevin two Heifers of (P. R.) now distrayned or im-
pounded, by (S. T.) And to deliver to the said (P. R.)
provided he give Bond to the value of with sufficient

surety or sureties, to prosecute his Replevin, at the next
court holden at (S.) and so from court to court, til the
cause be ended ; and pay such costs and damages as the
said (S. T.) shal by law recover against him, and so make
a true return thereof, under your hand. Dated, &c.

Oath of Fidelity.

You (S. T.) being by the providence of God, an Inhab-
itant within New Haven Jurisdiction, do freely and sin-
cerely acknowledge yourselfe to be subject to the Govern-
ment thereof ; and do here sweare by the great and dreadful
name of the everlasting God, that you wil be true and faith-
ful to the same ; and will yield due assistance thereunto,

NEW HAVEN COLONY.

223

with your person and Estate, as in equity you are bound ;
and wil truly indeavour to entertaine and preserve all the
liberties and priviledges thereof, submitting yourself to all the
Just and wholesome Laws and orders, which already are,
or shal hereafter shal be by lawful authority there made and
established. And further, that you will neither plot nor
practice any evil against it, nor consent to any that shal do
so. But will fully and timely discover the same to lawful
authority there settled, for the speedy preventing thereof.
And that you wil, as in duty you are bound, maintaine the
honour of the same, and of all the lawful Magistrates there-
of, promoting the publick good, whilst you shal continue
an Inhabitant there ; and whensoever you shal be duly called
as a free Burgess, according to the fundamental order and
agreement for Government in this Jurisdiction, to give your
vote or suffrage, touching any matter which concerneth this
Colony, you shal give it as your conscience you shall judge
may be conduce to the best good of the same, without re-
spect of person, or favour to or from any man. So help
you God in our Lord Jesus Christ.

Governors Oath.

Whereas you (A. B.) are chosen to the place of Governor
within this Jurisdiction, for the ensuing year, and til a new
Governor be chosen and sworn, you do here swear by the
great and dreadful name of the everliving God, to maintaine
(according to the best of your ability) all the lawful privi-
ledges of this commonwealth ; according to the fundamen-
tal order and agreement made for government thereof, and
that you will carry and demean yourself for the said time
of your Government, according to the Laws of God, and
the advancement of his Gospel, the Laws of this colony.
And the good of the Inhabitants thereof, you shal do Jus-
tice to all without partiality, as much as in you lyeth. So
help you God.

224

BLUE LAWS OF NEW HAVEN COLONY.

Deputy Governor and Magistrates.

Whereas you (C. D.) are chosen to the place of Deputy
Governor, &c, or you (E. F.) are chosen to the place of
Magistrate, &c, as in the Governors oath, mutatis mutan-
dis.

Other Officers and Witnescss.

Several other oaths are to be administered to other offi-
cers, as Secretary and Treasurer for the Jurisdiction, Dep-
uties for particular Courts, Marshal, Constable, Witnesses,
&c. But the substance of their oaths is to ingage them to
a faithful discharge of the duty of their places and trust,
according to the best of their ability, to preserve the peace
of the Jurisdiction, and to give ful and true evidence in the
cases wherein they give testimony.

EXTRACTS

FROM THE

BLUE LAWS OF VIRGINIA.

1662. — All persons that shall be cast in any cause
(whether Plaintiff or Defendant,) shall be emerced, besides
damages and costs, 50 lbs. of Tobacco in General Courts,
and in County Courts 30 lbs. of Tobacco, to be levied by
the Sheriffs of the respective Counties by distress, (Execu-
tors and Administrators excepted.)

Every man able to bear arms, shall have in his house a
fixed Gun, 2 lbs. of powder, and 8 lbs. of Shot at least, to
be provided by the master of the Family, under the penalty
of being fined 50 lbs. of Tobacco.

1662. — All causes of what nature soever, may be tryed
at the County Courts, except for Life or member. No ar-
rests shall be to the General Court under the value of 1600
lbs. of Tobacco, or =£16 Sterling.

1662. — Every person who refuses to have his child Bap-
tized by a lawful Minister, shall be amerced 2000 lbs. of
Tobacco; half to the Parish, half to the informer.

1662. — A church shall be built in each parish of the
country, unless the Inhabitants are so few and poor as they
are incapable of so great a charge : then they shall be an-

226

BLUE LAWS OF

nexed to some groat parish of the same county, and a
chapel of ease built for them.

For the more orderly managing of all parochial affairs,
twelve of the most able men of every parish shall be chose
to make a Vestry; out of which number, the minister and
Vestry shall choose two church wardens yearly.

None shall be admitted of the Vestry without taking the
oaths of Supremacy and Allegiance, and subscribing to be
conformable to the church of England.

The whole Liturgy of the church of England shall be
thoroughly read at church or chapel, every Sunday; and
the Canons for divine service and sacraments duly observed.

No other Catechism shall be taught or expounded than
the church Catechism inserted in the Book of common
prayer.

Church Wardens shall present at the County Court
twice every year, in December and April, such misdemean-
ors of Swearing, Drunkness, Fornication, &c, as by their
own knowledge, or common fame, have been committed
during their being Church Wardens.

To steal, or unlawfully to kill any Hog that is not his
own, upon sufficient proof, the offender shall pay to the
Gwner 1000 lbs. of Tobacco, and as much to the informer :
and in case of inability, shall serve two years, one to the
owner, and one to the informer.

He that brings home a Hog, or Hogs, without their Ears,
hhall be adjudged a Hog Stealer. The receiver shall be
accounted an actor in the trespass.

Where a Freeman is punishable by Fine, a servant shall
receive corporal punishment, viz., for every 500 lbs of To-
bacco, 20 lashes, and so proportionable, unless the master,
pr other, will redeem them by making payment.

1GG2. — The Man and Woman committing Fornication,
shall pay each 500 lbs of Tobacco, and to be bound to
Sheir good behaviour. If either of them be a servant, the

VIRGINIA.

master shall pay the 500 lbs. of Tobacco, and the servant
shall serve half a year longer than his time. If the master
shall refuse to pay, then the servant to be whipt. If a Bas-
tard be got and born, then the woman to serve her master
two years longer than her time, or pay him 2000 lbs. of
Tobacco ; and the reputed Father to give security to keep
the child.

1662. — No Indians shall come into the English bounds
without a Badge in their company to shew what King they
belong to, and if any damage or injuries be done by any of
them to any Englishman, then the King, or great man of
the place the badge denotes, shall be answerable for it.

No person of whatever quality, shall entertain any of the
neighbouring Indians without licence from the Governour.

1662, — No marriage shall be reputed valid in law but
such as is made by the minister according to the laws of
England. And no minister shall marry any person without
licence from the Governour or his Deputy, or thrice publi-
cation of Bans, according to the Rubrick in the common
prayer Book. The minister that doth marry contrary to
this act, shall be fined 10,000 lbs. of Tobacco.

Glebe shall be laid out in every parish, and a convenient
House built for the Minister, and such provision made for
his maintenence, in the valuable and current commodities
of this country, as may be rally worth 8Q£ per An. besides
his perquisites and Glebe, viz., if in Tobacco, at 12s per
hundred ; in corn, 10s. per Barrel ; if in Bills of exchange,
security for the certain payment ; and in case of protest, he
shall recover 50 per cent damages.

1662. — All persons keeping tipling Houses without li-
cence, shall be fined 2000 lbs. of Tobacco, half to the
county, and half to the informer.

No master of any Ship, Vessel, &c, shall transport any
person out of this colony without a pass under the Secre*
taries hand, upon the Penalty of paying all such debts aa

228

BLUE LAWS OF

any such person shall owe at his departure, and 1000 lbs.
of Tobacco to the Secretary.

The Court in every county shall cause to be set up near
the Court House, a Pillory, a pair of Stocks, a Whipping
Post, and a Ducking Stool, in such place as they shall
think convenient : which not being set up within 6 months
after the date of this Act, the said Court shall be fined
5009 lbs. of Tobacco.

1662. — In actions of slander occasioned by a mans wife,
after judgment past for damages, the woman shall be pun-
ished by Ducking, and if the slander be such as the Dama-
ges shall be adjudged at above 500 lbs. of Tobacco, then
the woman shall have ducking for every 500 lbs. of To-
bacco adjudged against the Husband, if he refuse to pay the
Tobacco.

Enacted that the Lords Day be kept holy, and no jour-
neys be made on that day unless upon necessity. And all
persons inhabiting in this country having no lawful excuse,
shall every Sunday resort to the parish church or chappel,
and there abide orderly during the common prayer, preach-
ing, and divine service, upon the penalty of being fined 50
lbs. of Tobacco by the County Court.

This act shall not extend to Quakers, or other Recu-
sants, who totally absent themselves, but they shall be lia-
ble to the penalty imposed by the Stat. 23, Eliz. viz., <£20
sterling for every months absence, &c, and all Quakers
assembling in unlawful conventicles, shall be fined every
man so taken, 200 lbs. of Tobacco for every time of such
meeting.

All ministers officiating in any public cure, and 6 of
their Family, shall be exempted from public Taxes.

1G63. — If any Quakers, or other Separatists whatsoever
in this colony, assemble themselves together to the number
of 5 or more, of the age of 16 years, or upwards, under
the pretence of joyning in a Religious worship not author-

VIRGINIA.

229

ised in England or this country, the parties so offending,
being thereof lawfully convicted by verdict, confessions, or
notorious evidence of the fact, shall for the first offence
forfeit and pay 200 lbs. of Tobacco ; for the second offence
500 lbs. of Tobacco, to be levied by warrant from any Jus-
tice of the Peace, upon the goods of the party convicted ;
but if he be unable, then upon the goods of any other of
the Separatists or Quakers then present. And for the third
offence, the offender being convicted as aforesaid, shall be
banisht the colony of Virginia.

Every master of a Ship or Vessel that shall bring in any
Quakers to reside here after the 1st of July next, shall be
fined 5000 lbs. of Tobacco, to be levied by distress and
sale of his goods, and enjoyned to carry him, her, or them
out of the country again.

Any person inhabiting this country, and entertaining any
Quaker in or near his House to preach or teach, shall for
every time of such entertainment, be fined 5000 lbs. of
Tobacco.

1665. — The sale of Arms to the Indians shall be wholly
prohibited, and whosoever shall sell or barter Powder, Shot,
Guns or Ammunition, to any Indian, shall be fined 10,000
lbs. of Tobacco, or suffer two years Imprisonment for the
first offence, and for the second be prosecuted as a Felon.

Where any Englishman is murdered by the Indians, the
next Indian town shall be answerable for it with their lives
and liberties.

1667. — Enacted and declared, that Baptism of the chil-
dren of Slaves, or those of greater groth, doth not alter the
condition of the person as to his Bondage or Freedom.

1668. — The 27th of August appointed for a day of
Humiliation fasting and prayer, to implore Gods mercy ; if
any person be found upon that day, Gaming, Drinking or
working, (works of necessity excepted) upon presentment

230

BLUE LAWS OF

by the Church wardens, and proof, he shall be fined 100
lbs. of Tobacco, half to the informer, and half to the poor
of the Parish.

1668. — For any person maliciously to publish and de-
clare by words or writing, that the acts of Assembly not re-
pealed or expired, vacated or null'd by the King, are not
of force and binding to all his Majesty's subjects within
this his dominion ; such persons shall be adjudged seditious,
and being thereof convicted, shall be fined for the first of-
fence 1000 lbs. of Tobacco, and suffer one month's impris-
onment; for the second offence, 2000 lbs. of Tobacco, and
two month's imprisonment ; and for every offence after,
double the penalties and forfeitures aforesaid : one half of
which forfeitures to the King, the other to the informer, to
be recovered by action of Debt, in any of his Majesties
Courts in the country.

1670. — None but freeholders and house keepers, shall
have any voice in the Election of Burgesses — every county
not sending two Burgesses to every session of the Assem-
bly, shall be fined 10,000 lbs. of Tobacco to the use of the
public.

1670. — Whosoever shall renew the late quarrels and
Heart burnings by names and terms of distinction, viz.,
Rebel, Traytor, and being therefore convict, shall forfeit
400 lbs. of Tobacco. The like fine upon those who shall
provoke any of the Loyal party, by ill language, &c.

1673. — Captains of Foot and Horse, shall take a strict
account of what Arms are wanting, and represent the same
to the Colonel, and he to the County Court, under penalty
of 1000 lbs. of Tobacco for a Captain, and 2000 lbs. of
Tobacco for a Colonel.

1676. — The allowance of every Burgess for the future,
shall be 120 lbs. of Tobacco and cask per day ; to com-
mence two days before every Assembly, and continue two

VIRGINIA.

days after. And for their traveling charges, there shall \
allowed to those that come by land 10 lbs. of Tobacco per
day for every Horse so used. And for water passage, pro-
portionable are set forth and ascertained.

1679. — The first offence of Hog stealing, shall be pun-
ished according to the former law ; upon a second convic-
tion, the offender shall stand two hours in the Pillory,
and lose his Ears ; and for the third offence he shall be tried
by the laws of England, as in case of Felony.

1680. — No licensed Attorney shall demand or receive
for bringing any cause to judgment in the General Court,
more than 500 lbs. of Tobacco and cask ; and in the
County Court 150 lbs. of Tobacco and cask ; which Fees
are allowed him without any pre agreement.

If any Attorney shall refuse to plead any cause in the re-
spective Courts aforesaid, for the aforesaid Fees, he shall
forfeit as much as his fees should have been.

1680. If any negro, or other slave, shall lift up his hand
in opposition against any Christian, upon due proof by
oath of the party, he shall have 30 lashes, on the bare Back,
well laid on.

BLUE LAWS OF BARBADORS.

1G99. — All persons inhabiting this Island are strictly
charged and commanded in his Majesties name, to conform
themselves to the government and discipline of the Church
of England, as the same hath been established by several
Acts of Parliament ; which acts the Ministers of every
Church are required to read . publicly in their several
Churches, that all persons may know their duty.

All Justices of the Peace, Church Wardens, and other
officers that may give furtherance to the execution of said
Acts, are required in his Majesties name, to do their en-
deavour therein, to the utmost of their power.

All masters and overseers of Families, shall have prayers
openly said or read every morning and Evening in his
Family, under penalty of 40 lb. of Sugar, half to the pub-
lick Treasurer, half to the informer.

Masters of Families that Jive within two miles of their
parish Church, shall duly repair thither with their Families,
twice a day on the Sabbath ; if above two miles, then once
a month.

If a servant make default in repairing to Church, the
Master, (if he was the occasion) shall forfeit 10 lbs. of
cotton ; if the neglect be in the servant, he shall be punish-
ed at the discretion of the next Justice.

Constables, Church Wardens, and Sidesmen, shall every

BLUE LAWS OF BARBADORS. 233

Sunday, in time of Divine Service, search Taverns, Ale
houses, &c, and if they find any drinking, or otherwise
misdemeaning themselves, they shall apprehend them, and
set them in the stocks for the space of four Hours, unless
every such offender pay 5s. for the use of the poor!

Whosoever shall swear, or curse, shall pay down, if a
Freeman, 4 lbs. of Sugar ; if a Servant, 2 lbs. of Sugar,
or be put in the Stocks. This Statute not to take away
the masters power in correcting their servants for such of-
fences.

20*

EXTRACTS

FROM THE

BLUE LAWS OF MARYLAND.

1G99. — If any person whatsoever, inhabiting within this
province shall Blaspheme, that is curse God, deny our
Saviour to be the Son of God, or deny the Holy Trinity,
or the God head of any of the three persons, or the unity
of the God head, or shall utter any reproachful words or
Language, concerning the Holy Trinity, or any of the
three persons thereof, he or she shall for the first offence,
be bored through the tongue and fined 20X Sterling to the
King, towards defraying the country charge where the of-
fence was committed. Or if the party hath not an Estate
sufficient to answer that sum, then to suffer 6 months im-
prisonment. For the second offence, he or she shall be
stigmatized in the Forehead with the letter B, and fined
40c£ Sterling to the uses aforesaid, or imprisonment for one
whole year. And for the 3d offence, he or she so offend-
ing, and thereof legally convicted, shall suffer Death, with
confiscation of all their Goods and Chattels to the Kintr.

Every person convicted of Fornication, shall for every
time so offending, be fined to the King 20s Sterling, or
400 lbs. of Tobacco, or receive corporal punishment, by
whipping at the discretion of the Court, not exceeding 39

BLUE LAWS OF MARYLAND.

235

lashes. And every person convicted of Adultery shall be
fined 40s Sterling, or S00 lbs. of Tobacco, or receive cor-
poral punishment as aforesaid.

Every person who shall harbour, entertain or provide for
the maintenance of any lewd women, or frequent the com-
pany of such, after pnblick admonition by the Minister or
Church Wardens, or Vestry of the Parish, shall for every
such offence, undergo such pains and penalties, as by this
act are provided against those who are convicted of Forni-
cation or Adultery.

If any person prophanely swear or curse in the hearing
of any one Justice of peace, or head officer of a Town,
or that shall be thereof convicted by the oath of one wit-
ness, before any one Justice, or the head officer, or by the
confession of the party, he shall forfeit 5s. Sterl. to the
King, to the use of the poor of the County, to be levied
immediately by warrant from such Justice or head officer,
to the Constable, or other person directed, and in case any
person shall refuse to execute the command or warrant of
such Justice, &c, he shall forfeit and pay 5s.

1700. — Every person legally convicted of stealing, by
the testimony of one or more sufficient witnesses, not being
the party grieved, shall be punished by paying four fold the
value ofthe goods stolen, to the party grieved, and by put-
ting in the Pillory, and whipping so many stripes as the
Court shall judge, not exceeding 40.

The second offence of stealing above the value of 12
pence shall not be tried and determined in the County
Court, but the party shall be proceeded against in the
Province Court, as a Felon, according to the laws of Eng-
land,* and the transcript of his former conviction. And
the presentment of, transmitted from the County Court,
Sec, under the penalty of 100 lbs. of Tobacco.

* Death.

23G

BLUE LAWS OF

He that shall kill any unmarkt swine above 3 months old,
not upon his own land, or in company with his own stock,
is hereby adjudged a Hog stealer, and shall restore 4 fold
and suffer corporal pains as in this act above mentioned.

This act shall be publickly read 4 times a year in every
parish church, under the penalty of 100 lbs. of Tobacco to
the King for the use of such parish, to be paid or recovered
of the Clerk or reader so neglecting.

All Ministers, Pastors, and Magistrates, who according
to the laws of this province do usually Joyn people in mar-
riage, shall Joyn them in manner and form as exprest in
the Liturgy of the Church of England ; after which the
Minister, Pastor, or Magistrate shall say, I being hereunto
by law authorized do pronounce you lawful man and wife.
The Minister, pastor, or Magistrate, may receive from the
parties marry'd 100 lbs. of Tobacco.

1699. — Every ordinary keeper that shall demand or take
above 10 lbs. of Tobacco for a Gallon of small Beer, 20 lbs.
of Tobacco for a Gallon of Strong Beer, 4 lbs. of Tobacco
for a night's lodging in a Bed, 12 lbs. of Tobacco for a
Peck of Indian Corn or Oats, 6 lbs. of Tobacco for a night's
Grass for a Horse, lOlLs. of Tobacco for a night's Hay or
Straw, shall forfeit for every such offence, the sum of 500
lbs. of Tobacco, half to the King, half to him that shall
sue, &c.

Every ordinary keeper or Innholder, shall within six
months after licenced, provide and maintain (if living at a
County Court House, or at Annapolis, or Williamstadt)
12 good Beds, more than for his own Family's use, with
stabling and provision for 20 Horses at least. And if such
Ordinary be kept in any other part of the County, then he
shall be provided with 4 spare Beds, and stabling and pro-
vision for G Horses at least, under the penalty of 500 lbs of
Tobacco, as aforesaid. Provided no Ordinary Keeper,
shall be a Justice of Peace, Commissioner in any County

Maryland.

237

Courts, or Mayor, Recorder, or Alderman of St. Mary's,
during the time of their Keeping Ordinary.

If any Ordinary Keeper, keep evil Rule in his House, the
Justices of the County Court shall upon complaint, call in
his licence and suppress him.

He that keeps Ordinary without Licence, or after he hath
been supprest, shall forfeit 2000 lbs. of Tobacco for every
month, one half to the King, the other to him that shall sue
for the same.

No Inhabitant of this Province, shall sell without Licence,
any Syder, Quince drink, or other strong Liquor, to be
drunk in his or her House, upon penalty of 1000 lbs. of To-
bacco, for every conviction, half to the King, half to the
informer.

No Ordinary Keeper, shall refuse to credit any person
capable of giving a Vote for election of Delegates in any
County, for any accomodations by him vended, to the value
of 400 lbs. of Tobacco, under the penalty of 400 lbs. of To-
bacco, one moiety to the King, the other to the informer.

1700. — The Book of common prayer, and administration
of the Sacraments, with other rites and ceremonies of the
Church of England, &c. shall be solemnly read by all the
Ministers in the Churches and other places of worship in
this province.

For the encouragement of able Ministers to come and
reside in this Province, instead of Tithes a tax or assess-
ment of 40 lbs. of Tobacco per pole, shall be yearly levyed
upon every taxable person in every parish in this province.
Which said assessment shall always be paid to the Ministers
of every parish in manner hereafter expressed.

The Sheriff of every County shall collect the aforesaid 40
per poll, of the several persons in their respective Counties,
in such manner as the County levies collected, and pay the
same to the Vestry of every parish, where there is no incum-

238

BLUE LAWS OF MARYLAND.

bent, but where there is an incumbent it shall be paid to
him ; each Sheriff deducting 5 lbs. of Tobacco per cent,
and no more for collecting.

Tn every parish, where any Minister or incumbent shall
reside, no Justice or Magistrate shall Joyne any persons in
marriage, under the penalty of 5000 lbs. of Tobacco to the
King.

In any action commenced by a Vestry for the benefit of
a parish, they shall not be obliged to pay Fees or costs of
suit, unless they recover in the same action nor pay the
Defendant Costs in case the Vestry be cast.

ANCIENT LAWS OF NEW YORK.

At an Assembly at the City of New York, 1693.

The Preamble ; Whereas prophaneness and Licentious-
ness hath of late overspread this province, for \yant of a set-
tled Ministry, whereby the ordinance of God, may be duly
administered: Tis Enacted,

That in each of the cities and Counties hereafter named,
there being called, induced and established one good and
sufficient protectant Minister, within one year next after
the date of this Act ; viz, in the City of New York one— in
the county of Richmond one, Westchester two— in Queens
County two —And for the encouragement of the Minis-
ters, there shall be paid to the respective Ministers as fol-
lows. For the City of New York, one hundred pound per
An. For the two precincts of Westchester, one hundred
pound per An. for each; 50 shillings to be paid in Country
produce, at money price.

For the County of Richmond, forty pounds per An. in
Country produce at money price.

For the two precincts of Queens County ; one hundred
and twenty pounds to each ; sixty pounds in Country pro-
duce, at money price.

At a sessions held at the City of New York, Oct. 6, 1694,
in the 6th year of William and Mary, present the Mayor,

240

ANCIENT LAWS OF

Recorder, Aldermen, and Assistants of the Common
Council.

For the better preservation of the Lords day, no servile
work to be done, or any goods bought or sold on the Lords
day, under the penalty often shillings the first offence, and
double for every subsequent offence.

The Doors of Publick Houses, to be kept shut, no com-
pany to be entertained in them, or any sort of Liquor sold
in time of Divine service ; Strangers, Travellers, or such
as lodge in such Houses excepted; also no person to drink
excessively, or be drunk, the penalty 10s. for every offence.

No Negro or Indian servants to meet together, above the
number of four, en the Lords Day, or any other day, with-
in the City liberties; nor any slave to go around with Gun,
Sword, Club, or any weapon, under penalty often lashes at
the publick whipping post, or to be redeemed by his master
or owner, at six shillings per head.

One of the Constables in the five wards on the south side
the fresh Water, by turns to walk the streets of the city, in
time of Divine Service, to see these laws observed, and to
have power to enter into all publick Houses to put the same
in execution.

The Constable to make enquiry after all strangers, and
give in their names to the Mayor, or in his absence to the
eldest Alderman, no keeper of publick house &c, to enter-
tain or lodge any suspected person, or men or women of
evil fame, both these heads under penalty of 10s. for each
offence.

No person to keep shop or sell any goods by retail or ex-
ercise any handy-craft trade, but such as are Freemen of
the City, under penalty ofos. every offence.

Twenty four car men are appointed and allowed by the
Mayor, and Court of Aldermen, and more may serve in that

NEW YORK.

241

capacity for hire wages, but such as are so allowed, on pen-
alty of 20s. two of the four and twenty to be the foremen.

The car-men so appointed, are to repair tbe pavements
of the streets, and highways, in and about the city at their
own charges, on pain of being turned out.

No car-men to ride on the cars in the streets, on penal-
ty of six shillings, one John Lonstraw excepted, prices of
carriage settled by this law, and car-men not to demand
more for a Load to any place within the Gates of the City
three pence half-penny, except for Wine, Lime, Pantiles,
Bricks when piled in the Cart ; which because of the trouble
of unloading, they are allowed 6 pence per Load.

For cord wood from the Boat to the place of cording,
and after corded to the owners House, Is. 6d., if not desi-
red to be corded, Is. only.

And for every Load of Goods or Cord of Wood carried
without the Gates, viz. beyond the Maiden pull or Smith's
fly in Queen Street, double price.

A load to be accounted as much as can conveniently be
laid on their Carts, or is reasonable for one Horse to draw.

All Jesuits, Seminary Priests, Missionaries, or other
Ecclesiastical person, made or ordained by any power or
Jurisdiction derived or pretended from the Pope, or see of
Rome, residing or being within the Province, to depart the
same, on or before the first of Nov. 1700.

If any such continue, remain, or come into the Province,
after the said first of November, he shall be deemed an In-
cendiary, a disturber of the publick peace, an Enemy to
the true Christian Religion, and shall suffer perpetual im-
prisonment.

If any such person, being actually committed, shall
break Prison and escape, he shall be guilty of Felony, and
if retaken shall die as a Felon.

Persons receiving, harbouring, succouring, or concealing
any such person, and knowing him to be such, shall forfeit
21

242

ANCIENT LAWS OF NEW YORK.

the sum of 200 pounds, half to the King, for and towards
the support of the Government, and the other half to the
prosecutor, shall be set in the Pillory three days, and find
sureties for their behaviour, at the discretion of the court.

Any Justice of peace may cause any person suspect-
ed to be of the Romish Clergy to be apprehended, and if he
find cause, may commit him or them, in order to a trial.

Any person, without warrant, may seize, apprehend, and
bring before a Magistrate, any person suspected of the
crimes above, and the Governor, with the Council, may
suitably reward such person as they think fit.

SOUTH CAROLINA.

SETTLEMENT OF THE CHURCH AT CHARLESTOWN.

Whares by the grant of King Charles the Second, the
Lords proprietors, it is expressly provided that no Religious
ministry, except the Church of England, should have any
publick maintenance.

His Excellency, the Palatinate, and the rest of the Lords
proprietors, in their rule and instructions of Government,
ordered, that the ministry of the Church of England should
accordingly be established, and no other.

pursuant to these provisions, the commons assembled for
the province of South Carolina, Enacted —

That so much Land be bought in or near Charlestown,
not exceeding the value of 140 pounds, in such a place as
the commissioners named in the act shall appoint ; and
thereon to be built a House or Houses, within twelve
months after the date of the act, and the ground to be paled
in or fenced about, all as the said commissioners shall di-
rect, the which shall not exceed 350 pounds, to be paid out
of the publick treasury ; there shall also be bought one
healthy Negro Man Servant, and one Negro Woman Ser-
vant, four Cows, and four Calves, to be paid out of the pub-
lick Treasure.

The said Land, House or Houses, Servants and Cattle,
are appointed to be for the use and benefit of such Minis-

244

BLUE LAWS OP SOUTH CAROLINA.

ter of the Church of England, as the major part of the In-
habitants of Charlestown and the neck between Cooper and
Ashley River, as far up as John Pride's plantation on Coop-
ers River, and dir. Smith's plantation for Ashley River,
inclusive, which are qualified by law, no members of the
Assembly, and as are of the Church of England, shall choose
and approve of.

The receiver General for the time being, shall, over and
above the said House, Servants, and Cattle, pay to the said
Minister one hundred and fifty pounds per Annum, in Dol-
lars or Spanishes pieces of Eight, not weighing less than
thirteen pennyweight, at 5s. per piece, viz. 50s. every 4
months.

Samuel Marshall nominated the first Minister, during his
life, or so long as he shall think fit to continue in the Col-
ony, and serve in the said Ministry.

Goods distrained for this tax, shall be sold in three days
by publick outcrys in Charlestown, and the overplus, the
tax and charges first paid, to return to the owner.

Tlie following are the facts related by the signers of the
annexed Journal, it being thefrst diplomatic embassy in
this country, at a period ichen the two Colonies were inde-
pendent of each other.

TRANSLATION OF THE JOURNAL OF THE DUTCH COMMIS-
SIONERS (OF N. YORK) TO HARTFORD,
ANNO D. 1663.

Journal kept by the Commissioners, Cornelius Van JRi/yvcn,
Burgomaster Yun Cortlandt, and Mr. John Lawrence,
Citizen and Inhabitants of the City of Neic Amsterdam ,
on their voyage to Hertford.

Anno 1663, on the loth of October, being Monday.
At Sun rising, we departed with the yatch of Dirh Smith,
the Wind being contrary ; we came, however, with that
Tide as far as the Varkens or Hog's Island, and as we could
not, by reason of the strong ebb, advance any farther with
rowing, we cast anchor and went on shore. The Sailors
fetcht Ballast. The Ebb being spent, we weigh'd anchor ;
at low water got thro' Hell-Gate, and by luffing and rowing
came as far Minnelley's Island, where the Tide stopt again.

16 Do. Early in the Morning we weigh'd Anchor again,
the wind being still contrary. The Tide stopt near Oyster
bay. The wind being pretty good in the afternoon, we
got sight of Stratford point. The wind shifted, and the
Tide being spent, we cast anchor.

17 Do. Early in the morning we were again under sail
with a good Tide, and a contrary wind ; nevertheless by

21*

240

JOURNAL OF THE

lufF ng and rowing, we made Milford between 8 and 9
o'clock, where we immediately addressed ourselves to Mr.
Bryan, Merchant, begging the favor of him to provide
three horses for us to ride to Herford ; with which he un-
dertook to do, and said that he purposed to go there him-
self. In the mean time we went to pay our Compliments
to the Magistrates, Mr. Treat and Mr. Penn, but found:
neither of them at home : afterwards Mr. Treat came to us.
in the Inn ; after mutual compliments, we acquainted him
with the reason of our coming, and journey to Herford,.
requesting him to take our yatch, which we left in the har-
bour, under his protection till our return, in case any Pri-
vateers, which we understood hovered about there, should
attack it, which he accepted of; we also recommended the
same to young Mr. Bryan. In the mean time we under-
stood that no more than two horses could be had, unless a
young man who came from Herford would let us his. The
young man being called, we agreed with him for the hire
of his horse for fourteen English shillings, but when the
horse should be delivered, he receded from his Bargain ;
being asked why, since we were absolutely agreed, he
would hardly explain himself ; but said at last, he feared his
people at Herford would take it amiss of him for assisting
those who were their enemies, — which was taken amiss by
the Magistrates who was present, who told him that accord-
ing to agreement he must deliver his horse, which he final-
ly did, but with reluctance. After dinner, the horses being
ready, he mounted and rode to Newhaven, where we arri-
ved an hour or two before dark. The horses being taken
care of, we waited upon the Deputy Gov'r, Mr. Gilbert, but
did not Jincl him at home. We staid that night at New-
haven.

18 Do. being Thursday, We departed from Newhaven
at Sun Rising, in Company with Mr. Bryan, Merchant of
Milford, and Mr. Poll, and came at Herford about four
o'clock, where being informed that the Governor and Courte
were assembled, we thought proper in order to lose no

DUTCH COMMISSIONERS.

247

time, to acquaint the Assembly with our arrival, and at the
same time to request a hearing : which being done, we re-
ceived in answer, that we might come in now if we pleased,
or defer it till to-morrow morning ; we desired to be admit-
ted immediately, which was agreed to. After friendly
salutations we delivered the letter we had brought with us,
which being read, we added that in case the Gov'r and the
Court wanted any farther explanation of any of the points
■contained in it, that we were ready to do it, either to the
whole Assembly, or to a Committee, to which no direct an-
swer was made, only that they would look over it. Having
seriously recommended this matter to them, we took leave;
in taking leave, we were told by the Deputy Gov'r, Major
Mason, that a room was provided for us at the house of
their Marshal, whither they requested us to go, which we
thankfully accepted of.

19 Do. In the Morning early, before the Assembly was
convened, we paid a visit to Mr. John Winthrop, begging
the favor of him to do his utmost endeavor to remove all
misunderstandings, and that every thing might be transact-
ed in peace and unity, which he promised to do ; upon
which we asked him what was done on the Delivery of the
Letter ; he said he could not tell, as he went out of the As-
sembly immediately after we did, being indisposed, but be-
lieved that the Court had appointed a Committee to trans-
act business with us. As we could learn nothing material

from him, and the time of meeting drawing nigh, wee
took leave, and presented to the Assembly the following ad-
dress :

To the Honorable the Gov'r and the Committee of the
Council of the *Colony of Herford.

These few lines shall serve to thank your honours for your
hind reception of us, and of the Letters delivered by us,

* Hartford was in the Colony of Connecticut.

248

JOURNAL OF THE

friendly requesting your catagorical to the same, that we
may know farther to conduct ourselves; in the mean time
we remain, &c.

Which being carried in, we were told by the Marshal,
that three persons were appointed to speak further with us,
who would meet within an hour at the house of Mr. How-
ard Miller, being about half way between our Lodgings
and the Town Hall, with request that we would also be
there at that time, to which we agreed, and went there at
the appointed time ; after waiting there about an hour in
vain, the Marshal came and told us that the Committee
had been hindered by some other business intervening from
waiting on us, and as it was almost noon, that the Gov'r
and Court beo'd the favor of us to dine with them in the
Town Hall, to which we ansiocrccl, that it appeared strange
to us that the gentlemen of the Committee excused them-
selves, as they had appointed the time ; that nevertheless
we should come where we were invited. In a short time
thereafter, the Deputy Governor and Secretary came to
excuse the Committee, as some business had happened, in
which their presence was required, which we put up with.
After some discourse, we went with them to the Town
Hall. After dinner, we desired that our business might be
forwarded : upon which the persons who were appointed as
a Committee, promised to follow us immediately to the
aforesaid place, as they did : after some discourse little to
the purpose, and being seated, we showed our Commis-
sion, with request that they would do the same; to which
they delivered in an extract, as they said, out of their min-
utes, in which they, to wit, Allen, senior, Capt'n Joel ,

John Allen, Jun'r, were qualified to treat with us, adding
that the shewing a Commission was superfluous, as we had
been informed ourselves by the Court, that they were ap-
pointed for that purpose ; upon which we let that matter
drop also, and asked whether they would be pleased to
make answer to the propositions contained in the letter we

DUTCH COMMISSIONERS.

249

had delivered, to which they replied that they would fain
be informed in a summary manner, what the propositions
were, to which we required an answer ; we said that they
were briefly contained in the afores'd letter, (to wit.)

1st. That we desired to know whether they would be
pleased to conform themselves to the advice of the other
three Colonies, containing in substance that every thing
with respect to the limits should remain as was agreed upon
in the year 1G50, till the next meeting of the Commission-
ers in the year 1664.

Secondly ; or else that they would be pleased to appoint
some persons to treat farther about the limits now in dis-
pute.

3dly. If not, that the matters should then be referred to
our superiors in Europe, on condition that every thing
should remain in the mean time as was agreed to in the
year 1650. Many debates arose pro and con on the afore-
said points, in as much that the whole afternoon was spent
without affecting any thing, the substance of which were
as follow :

To the first ; That they could not conform themselves to
the advice of the aforesaid Commissioners for the following
reasons.

1st. That they had already given notice of their patent
and of the Kings grant on Long Island.

2dly. That they, at least the greatest part of them, had
voluntarily betaken themselves under their government.

3dly. That they neither could, nor dared refuse it, (if
they would not incur the King's displeasure,) as the same
were included in their patent, to which they further added
that though the fixing of the limits should be deferred to
the next meeting of the Commissioners in the year 1664,
that they were not to regulate themselves by the advice of
the Commissioners, nor of the other Colonies, but by the
King's patent, and that in case the Commissioners should
do any thing contrary to it, that they would much rather

250

JOURNAL OF THE

seperate themselves from the other Colonies, as they would
never permit any thing to be done contrary to it, or any
change made in it, than by his Majesty himself, as those
who would make any change or alteration in it would put
themselves above and Lord it over his Majesty.

Whatever we alledged against this, that his Majesties
meaning was not to give any thing away which had already
been so long possessed by others. Also, that it could not
be proved out of the Patent, &c.,- was in vain : but they
persisted in this groundless opinion. To the second point,
they made no direct answer, only proposed by way of ques-
tioning whether the General had sufficient qualification
from the Prince of Orange, and the States Gen'l. — To
which we answered that the Commissioner of the States
General sufficiently qualified the General for that purpose,
dropt that Point and proceeded.

To the third to which they answered that they were wil-
ling that the matters should be referred to our mutual su-
periors, on condition that the English Townships on Long
Island and Westchester, should, by proviso, be under the
Government of Herford, this being thus proposed, the old
Mr. Allen made a long Harangue, being to this effect, that
he was well assured that the English Townships would no
longer remain under the Dutch Government, and in case
we should compel them that they were resolved to defend
themselves to the uttermost, that he was therefore of opin-
ion that it would be more to our advantage to prevent far-
ther mischief and bloodshed, that the s'd Townships should
remain under the Government of Herford till such time as
his Majesty and the States General should be agreed, (to
wit,) those who had formerly submitted themselves to their
Government.

To which we answered, that it would now nor never be
allowed. They replied that for the present they could not
act any farther with us, nor hinder the aforesaid Townships
from betaking themselves under the obedience of his Ma-

DUTCH COMMISSIONERS.

251

jesty. We answered that they were the cause of it, since
they had by different Deputations encouraged and excited
the Townships to it. They replied, that they were bound
to make the Kings grant known to them. We answered
that they might do it to the Kings subjects, but not to the
subjects of their High Mightiness's and the Company. To
which they again replied that they were subjects of his Ma-
jesty, as they dwelt according to the Patent upon the terri-
tories of his Majesty. Upon which proposition we asked
them in what light they looked upon the provisional settle-
ment of the Limits in the year 1650, they answered abso-
lutely as a nullity and of no force, as his Majesty had now
settled the limits for them, the other being only done pro-
visionally, &c. Whereupon we again appealed to the ad-
vice of the other Colonies, to which they answered that
they, (to wit, the other Colonies,) could make no altera-
tion unless they assumed to themselves an equal authority
with the King, saying that in that respect they had nothing
to do with the other Colonies.

The time being spent with many such like propositions
and answers without affecting any thing, we concluded from
all these circumstances, that the doings of Richard Mills,
at Westchester, of Coo. Pantom and others on Lono- lsl-
and, were done and put in execution at their Instigation,
and that they now only sought to put a spoke in the wheel,
and kept matters in agitation till such time as the Town-
ships (whose Deputies, _ namely of Westchester, Middle-
burgh, and Rustdrop, we dayly saw here before our eyes,
have free access to the principal men,) revolted, as they
openly declared that in case the Townships who had freely
betaken themselves under their Government and protection,
should ask assistance, that they could, nor might not deny
it them. All which matters being duly considered by us,
and moreover, that if we should depart without reducing
things to some certainty, the English Townships on Long
Island, would apparently be revolted before our arrival at

252

JOURNAL OP THE

the Manhatons, to prevent which and the, danger, which
might ensue therefrom, and to shew that we would contrib-
ute as much as possible to prevent bloodshed, we resolved
to make the following proposal as the last, (to wit,) that if
they would firmly and faithfully keep the provisional set-
tlement of the limits made in the year 1650, till such time
as his Majesty and the High and Mighty States General,
were agreed about the Limits, and would not presume to
take any of the English settlements belonging to this Gov-
ernment, under their protection, nor assume to themselves
any Jurisdiction over the same, that we on our part would
in like manner till that time assume no Jurisdiction over
Oostdurp, otherwise called Westchester, to which we ad-
ded that if they would not acquiesce in this our proposal,
(as having now contributed all possible means in our pow-
er, to settle peace and unity) that, we declared ourselves
and our Constituents innocent before God and Man, of all
calamaties which should arise from their unjust proceed-
ings. After a few debates little to the purpose, and it being
now late in the evening, they said that they would consider
of the proposal made by to-morrow morning, of which they
took a copy.

%Qth October.

Between 8 and 9 o'clock, according to appointment, the
above mentioned Gentlemen of the Committee, come to our
Lodgings. We went with them to the aforesaid place at
the house of Mr. Howard; after some Introductory Discourse
we asked them whether they had considered of our propo-
sal, and what their answer was to it. After some frivolous
Exceptions that the English on Long Island, would not
stand under us, and that if we should compel them to obe-
dience it would be the cause of much Bloodshed, they ex-
pressly said that they could not agree with us, unless the
English Townships, (viz. Oostdurse, Middleburgh, Rust-

DUTCH COMMISSIONERS.

253

durp and Hamstede were under their Government, with
which if we would comply, they would defer the matter,
and not proceed further till another Convention, hut that
we in the mean time should not in the least interfere to ex-
ercise any Right of Jurisdiction over them, and if we could
not, that they also could not hinder the aforesaid Town-
ships, (being by His Majesty of England included in their
Patent) from betaking themselves under their protection,
and consequently that they should be obliged to defend
them in case they were attacked. To which we answered
that His Magesty, had more Discretion than to include the
subject, and Lands of their High Mightiness, which they
had possessed for so many years in their Patent : that it was
erroneously thus explained, that the Patent contained a
Tract of Land lying in America, in New England, and con-
sequently not in New Netherland ; that Gov. Wintluop had
declared in the Hearing of us all that it must be so under-
stood ; and that it must be understood in this case like Bos-
ton Patent, in which it is expressly mentioned, on condition
that the lands shall not before have been possessed by any
Prince or Potentate. Long Island being now so many
years possessed the subjects of their High Mightines-
ses, that they could not by, reason thereof claim any
Right or Title to it. In short what amiable Proposals
and Inducements soever we made use of, we could not
proceed any farther with them. In the mean time, it
being noon we were again desired by the Governour, to-
gether with the Gentlemen of the Committee to dine with
him, which we did ; after Dinner we complained to the
Gov'r and the Gentlemen of the Committee, that we did
not advance in our business with the Committee ; on ac-
count of their unreasonable and unanswerable Demands,
as giving up our Right to the English Townships, &c. We
desired therefore of them that they would be pleased to
answer us on the Letter delivered them, and to the Neigh-
hourly and friendly propositions contained in it, which they

254

JOURNAL OF THE

promised to do, but nothing was concluded upon this After-
noon as it was Saturday, and some of the Committee being
obliged before Dusk to go to Windsor and Weathersfield.

21 Ditto. Sunday We went to Church, and Supt in the
Evening with the Gov'r, after Supper, being in Discourse
with His Excellency, among other things he expressly de-
clared that the Intent of the Patent was by no means, to
claim any Right to New Netherland but that it only com-
prehended a Tract of Land in New England, &c. We
Beg'd the Favour of his Excellency to indulge us with such
Duberation in writing that we might avail ourselves of it,
but he declined it, saying that it was sufficiently plain from
the Patent itself; we said that a different Construction was
put on it by others, and that such Duberation would give
much opening. But as we observed that the Gov'r still
abode by his first saying, after some more Discourse we took
leave.

22 Ditto. Monday We desired by the Marshall an an-
swer in Writing to the delivered Letter, and the proposi-
tions contained in it, which was promised us. We dined
with Mr. Wees,* whose Father had been Gov'r of Herford.
Nothing was done this day, as we expected the promised
answer, but did not receive it.

23 Ditto. Tuesday Morning, we were told that the afore-
said Committee would meet us at Mr. Howards. We went
there. The aforesaid Committee being also come, we de-
manded an answer in Writing to the propositions contain-
ed in the delivered Letter, they said that they were come
once more to speak with us about the aforesaid Town-
ships, as they had endeavoured to persuade the Deputies of
the aforesaid Townships to remain quiet under our Govern-
ment, till farther Determination, but that they would not
consent to it ; — That it would therefore be best for us not
to claim them to prevent farther mischief. We answered
that those ofllerford were the cause of it, as they had by

•Mr. Welles.

DUTCH COMMISSIONERS. 255

frequent Deputations, drawn the subjects of their High
Mightinesses from their Oath and Allegiance and had en-
couraged them to revolt, &c. Which was not denied by
them, but said it was so now, and we would fain have them
remain quiet; but what can we do now, they are compre-
hended in our Patent and desire to be received and protec-
ted by us, which we cannot deny them ; much was said
against this, that they were not included in the Patent —
that the patent mentioned a Tract of Land in New England
and not in New Netherland ;— that the Gov'r understood
it so himself; they answered, the Gov'r is but a man alone.
We understand it so, and more besides us, and that our
patent not only takes in that, but extends Northward to the
Boston Line, and Westward to the Sea. We asked them
in case there was another Royal Patent between, where
New Netherland would then lay — they answered without
hesitation that they knew of no New Netherland, unless we
could shew a Patent for it from His Majesty. We said that
we had no need of a Patent from his Majesty. They repli-
ed that they were willing to agree with us if we could shew
a Patent from any Prince or from their High Mightinesses,
by which such a Tract of Land was given.

We appealed to the Charter and to the approbation of
their High Mightinesses of the provisional settlement of
the Limits made at Herford in the year 1650. They an-
swered that the Charter is only a Charter of commerce, and
the said settlement of the Limits was only conditional, &c.
If you cant show a special patent for the Land, it must fall
to us. We said that the Right of their High Mightiness-
es was indisputable, as appears by the first Discovery—
The Purchase from the Natives— The oldest Possession,
&c. They answered, that they would let us keep as much
as was actually possessed and occupied by our Nation, but
that we could not hinder them from possessing that which
was not occupied by our nation. Many objections were
made to this, that the possession of part was taken for the

25G

JOURNAL OF THE

possession of the whole, &c. But it availed Nothing, they
said we had no Right to hinder them from possessing unlo-
cated Lands, as they were comprehended in their Patent,
and we could show no Patent from any Prince or state. Af-
ter many Debates, pro and con, we asked them how they
would have it for the present, as they had not as yet an-
swered to our Reasonable Proposals. In the mean time, it
being noon, they promised after Dinner to acquaint us
with their meaning ; whereupon we went with them to the
Town Hall ; but before we got there, a few Propositions
were shewn us, by Young Wallen, and Emen Hill its, a
Magistrate of Hartford, containing in substance, that if
we would give up all Right and Title, first to Westchester,
with all the Lands as far as Stanford, and farther divest
ourselves of all authority and Jurisdiction over the English
Townships on Long Island, that they would then agree far-
ther with us. As these propositions were full of Blots, (it
being the royal draft) we desired that the same jnight be
copied fair, which they undertook to do. In the mean
time we dined ; after Dinner, we desired that they would
expedite matters, as we had been there so long without
effecting anything ; upon which they promised to make an
End at present. After some Talk, the following unreason-
able Articles were delivered to us.

1st. That Westchester and all the Peoples Lands be-
tween that and Stanfort shal belonge to the Colony of Con-
necticutt till it be otherwise issued.

2nd. That Connecticutt wil forbeare exersiseinge any
Authority over the Plantations oft" Heamstede, Jamecoe,
&c, until the case be further considered, provided the
Dutch will forbeare to exercise any Coercive Power towards
any off the English Plantations upon Long Island until
there be a Determination off" the Case.

3d. It is also agreed that the Issue of these Differances
shal be by our mutual Accord, or by a third Person or Per-
sons, mutually chosen by us, or by our superiors in

DUTCH COMMISSIONERS.

257

Europe, and that the Magistrates now in Beinge one Long
Island, in those Plantations, shal govern those said Planta-
tions until there be an Issue off these Differances as afore-
said.

4th. That all and every Person on Long Island shall be
wholly indemnified for all passages and the Transactions
respecting these Affairs to this Day.

" That we mutually advice all Persons concerned, both
English and Dutch, to carry it peaceably, Justly and friend-
ly, each to other."

The above Propositions being read by us, we answered
that they were wholly unreasonable and unanswerable for
us to condescend to. We desired that if they would de-
sist from their Pretensions to the Townships on Long
Island, situate within our Government, that we would then
express ourselves on the other Points, but to no Purpose :
they said as before, that they could not refuse receiving
these Townships and of defending them against all Persons
whatsoever, which they said they would also do, &c. See-
ing that we did not advance, but to prevent further antici-
pations and mischief, and being minded to fix something
certain of which we had no Prospect unless we made some
Concessions, we resolved for the Reasons aforesaid, and to
prevent further mischief, to make the following offer.

Westchester, with the Land and People to Stanfort, shall
abide under this Government off Connecticut til the time
that the Bounds and Limits betwixt the abovesaid Colony
and the Province of the New Netherland shall be deter-
mined here by our mutual accord, or by Persons mutual
chosen, or by his Royal Majesty off England, and the High
and Mighty Estates General off the United Provinces. The
Plantations off Middleborrow, Rustdorp, and Hamstede,
the which are said to revolt and to come under the Colony
off Connecticut, shall absolutely abide under the Govern-
ment off New Netherland till the aforesaid Determination,

258

JOURNAL OF THE

and that the Magistrates for the time beinge on Long
Island, in those Plantations, shall govern those said Planta-
tions under the said Government until there be an Issue off
these Differances as aforesaid.

" That all and every Person one Long Island shall be
wholly indemnified for al Passages and Transactions re-
specting these affairs to these Day.

" That we mutually advice all Persons concerned, both
English and Dutch, to carry it peaceably, just, and friendly
each to other.

" That both Parties in Differance, namely, Connecticut
Collony, and the Governour and Counsel off New Nether-
lands, shal be Inoaaed to use their utmost Endeavours to
promote and accomplish the Issuinge off the above Differ-
ances."

Being at our Request admitted within, and having deliv-
ered the above Propositions which they read, we were an-
swered by some of them, that whether we proposed it or
not, the afores'd Townships would nevertheless not continue
under us ; others said that they knew of no New Nether-
land Province, but of a Dutch Governor over the Dutch
Plantation on the Manhattans. That Long Island was in-
cluded in their Patent, and that they would also possess
and maintain it, and more such like Discourse.

To the First was answered, that we were assured they
would continue under our Government, if Herford Colony
did not claim a Right to them.

To the other, that they had in the making of the condi-
tional Settlement of the Limits in the year 1650, acknow-
ledged the Province of New Netherland, &c. But observ-
ing we made no progress with them, we desired that the
matter might remain as it was at present, till a farther De-
termination of his Majesty and the States General. To
which they answered, that his Majestys Patent fixt the
Limits, and if we could not acquiesce in it that then noth-

DUTCH COMMISSIONERS.

259

ing could be done ; but if we would sign them that they
would then treat farther with us. As we deemed such
Compliance wholly unanswerable for us, we desired if they
purposed, to make any answer to the Letter we delivered,
that they would not delay it, as we intended to depart early
the next Day and acquaint the General and Council of New
Netherland with the Treatment we had met with, they an-
swered that they would have one ready. After begging of
them to take the matter into serious Consideration, and en-
deavour to continue every Thing in Peace and Unity, till
such Times as His Majesty and the States General should
determine the Limits,' we took Leave. This happening in
the Afternoon, we went to them again in the Evening to
know whether the Letter was ready. We were answered
that it would be bro't to our Lodgings, and as we were re-
solved to depart the next Day early in the Morning, we took
Leave of the Assembly, as we also did of the Gov'r to
whome we complained that nothing more was done on our
Reasonable Proposals. To which his Excellency answered
that it was so concluded upon in the Assembly, and that he
wished something had been fixed upon, we answered that
we had done every thing in our Power to effect it. After
some Compliments, we took Leave. In the Evening a
Letter was delivered to us with this Superscription. These
for the Right Honorable Peter Stuyvesant, Director Gen-
eral at the Manaclos. We said to the Secretary who brought
the Letter, that it ought to be Director General of New
Netherland, who answered that it was at our option to re-
ceive it or not, &>c.

24 Ditto. Wednesday, as we were obliged to wait some
time for one of our Horses, we departed between 8 and 9
O'clock from Herford, and came about sunset at New Ha-
ven.

25 Ditto. Thursday Morning we went from New Haven,
and came about 10 o'clock at Milford. Towards Evening,

260 JOURNAL OF THE DUTCH COMMISSIONER^

the Tide serving, we went on Board our yatch, and got out
of the Creek, where we cast Anchor, it being verry dark.

26 Ditto. In the Morning, about two hours before Day
Break, we weighed Anchor, with a fair Wind, and came in
the Evening between 8 and 9 o'clock at Manhatans.

C. V. RUYVEN,

C. Stevens V. Coutlandt,
John Lawrence.

A BRIEF EXPOSITION

OF THE ESTABLISHED

PRINCIPLES AND REGULATIONS

OF THE

UNITED SOCIETY OF BELIEVERS, CALLED

SHAKERS.

BY THE COMMITTEE OF PUBLICATION.

EXPOSITION.

" Many erroneous opinions are entertained concerning
the people generally known by the name of Shakers, which
are calculated to mislead the public mind, in respect to the
true character of this Society. Many false reports and in-
correct statements have been circulated respecting the prin-
ciples and practice of the Society, which have no founda-
tion in truth. With a view to correct these erroneous
opinions, and as far as in our power, to remove prejudices
and false impressions, we are induced, from a sense of duty^
to lay before the candid public, a brief statement of facts
respecting the principles, government, temporal order, and
practical regulations of the Society. This duty we owe to

282 SHAKING QUAKERS.

ourselves and to our fellow creatures, for the correct infor-
mation of the public, and the benefit of all concerned ; that
all who are governed by the spirit of candor, and wish to
know the truth concerning these things, may no longer de-
pend on the vague and inconsistent reports in circulation,
from which they can gain no correct knowledge nor just
information."

FAITH AND PRINCIPLES OF THE SOCIETV.

1. A life of innocence and purity, according to the ex-
ample of Jesus Christ and his first true followers ; implying
entire abstinence from all sensual and carnal gratifications.

2. Love. — " By this shall all men know that ye are my
disciples if ye have love one to another. — Love is the ful-
filling of the law." This is our bond of union.

3. Peace. — " Follow peace with all men," is a divine
precept; hence our abstinence from war and bloodshed,
from all acts of violence towards our fellow men, from all
the party contentions and politics of the world, and from all
the pursuits of pride and worldly ambition. " My kingdom
[said Christ] is not of this world."

4. Justice. — " Render unto every man his due. — Owe
no man any thing, but to love one another." We are to be
just and honest in all our dealings with mankind, to dis-
charge all just dues, duties, and equitable claims, as sea-
sonably and effectually as possible.

5. Holiness, — " Without which no man shall see the
Lord." Which signifies to be consecrated, or set apart from
a common to a sacred use. Hence arises all our doctrines
and practical rules of dedicating our persons, services and
property to social and sacred uses, having adopted the ex-
ample of the first gospel Church, in establishing and sup-
portinor one consecrated and united interest by the voluntary
choice of every member, as a sacred privilege, and not by
any undue constraint or persuasion.

C- Goodnf.ss. — Do good to all men, as far as opportu-

SHAKING QUAKERS.

263

nity and ability may serve, by administering acts of charity
and kindness, and promoting light and truth among man-
kind. " Whatsoever ye would that men should do to you,
do ye even so to them."

7. Truth. — This principle is opposed to falsehood, lying,
deceit, and hypocrisy ; and implies fidelity, reality, good,
earnest sincerity, and punctuality in keeping vows and
promises. These principles are the genuine basis of our
institution, planted by its first founders, exhibited in all our
public writings, justified by scripture and fair reason, and
practically commended as a system of morality and reli-
gion, adapted to the best interest and happiness of man,
both here and hereafter.

MANNER OF ADMITTING MEMBERS.

It must be obvious to every reasonable person, that the
foregoing principles are, in many respects, very contrary to
the carnal and selfish nature of fallen man, and doubtless
more so than of any other religious society. Therefore
there is little danger to be apprehended of any person's
being flattered or inveigled into this Society, or of joining
it from any other motive than purely from the operations of
faith and conscience. This of itself is the most powerful
guard that can be set against the deceptiuns so often report-
ed to be practised by the Society in procuring members.
Ineeed it precludes the possibility of such deceptions to
any alarming extent. To this it may be truly added, that
all reasonable precaution is used against admitting any
person to membership while ignorant of our real faith and
principles, or of the following General Rules.

1. All persons who unite with this Society, in any degree,
must do it freely and voluntarily, according to their own
faith and unbiassed judgment.

2. In the testimony of the Society, both public and pri-
vate, no flattery nor any undue influence is used; but the
most plain and explicit statements of its faith and principles

264

SHAKING QUAKERS.

are laid before the inquirer ; so that the whole ground may
be comprehended, as far as possible, by every candidate for
admission.

3. No considerations of property are ever made use of by
this Society, to induce any person to join it, nor to prevent
any one from leaving it ; because it is our faith, that no
act of devotion or service that does not flow from the free
and voluntary emotions of the heart, can be acceptable to
God, as an act of true"religion.

4. No believing husband or wife is allowed, by the prin-
ciples of this Society, to separate from an unbelieving part-
ner, except by mutual agreement; unless the conduct of
the unbeliever be such as to warrant a separation by the
laws of God and man. Nor can any husband or wife, who
has otherwise abandoned his or her partner, be received
into communion with the Society.

5. Any person becoming a member, must rectify all his
wrongs, and, as fast and as far as it is in his power, dis-
charge all just and legal claims, whether of creditors or
filial heirs. Nor can any person, not conforming to this
rule, long remain in union with the Society. But the So-
ciety is not responsible for the debts of any individual ex-
cept by agreement ; because such responsibility would in-
volve a principle ruinous to the institution.

6. No difference is to be made of the distribution of
parental estate among the heirs, whether they belong to the
Society or not ; but an equal partition must be made, as
far as may be practicable and consistent with reason and
justice.

7. If an unbelieving wife separate from a believing hus-
band, by agreement, the husband must give her a just and
reasonable share of the property ; and if they have chil-
dren who have arrived to years of understanding sufficient
to judge for themselves, and who chuse to go with their
mother, they are not to be disinherited on that account.
Though the character of this institution has been much

SHAKING QUAKERS.

265

censured on this ground, yet we boldly assert, that the rule
above stated has never, to our knowledge, been violated by
this Society.

8. Industry, temperance, and frugality, are prominent
features of this institution. No member, who is able to
labor, can be permitted to live idly upon the labors of others.
All are required to be employed in some manual occupation,
according to their several abilities, when not engaged in
other necessary duties.

MANNER OF GOVERNMENT.

The rules of government in the Society are adapted to
the different orders of which it is composed. In all (as
far as respects adults,) it is spiritual; its powers and au-
thorities growing out of the mutual faith, love, and conji*
tlcncc of all the members, and harmoniously concurring in
the general form and manner of government established by
the first founders of the Society.

1. The effective basis of the government so established,
and which is the support of all its institutions, is the faith,
voluntary choice, union, and general approbation of the
members. It is an established maxim in the Society, that
any member who is not reconciled to the faith, order, and
government established in it, is more injurious than bene-
ficial to it ; besides the loss to himself of his own time and
privilege ; therefore, whenever this is found to be the case
with any one, and he continues in that situation, he is ad-
vised peaceably to withdraw. As all who unite with this
Society do it voluntarily, and can at any time withdraw,
they are in duty bound to submit to its government. All
are required by the rules of the Society to do this, or with,
draw ; and this we think is reasonable, as no body of peo-
ple can exist in any associated capacity, unless such power
be maintained in its government.

2. The leading authority of the Society is vested in a
Ministry, generally consisting of four persons, including

266

SHAKING QUAKERS.

both sexes. These, together with the Elders and Trustees,
constitute the general government of the Society in all its
branches ; and being supported by the general union and
approbation of the members, are invested with power to ap-
point their successors and other subordinate officers, as oc-
casion may require; to counsel, advise, and direct in all
matters, whether of a spiritual or temporal nature ; to su-
perintend the concerns of the several families, and estab-
lish all needful orders, rules, and regulations for the direc-
tion and protection of the several branches of the Society ;
but no rule can be made, nor any member assume a lead,
contrary to the original faith and known principles of the
Society. And nothing which respects the government, or-
der, and general arrangement of the Society is considered
as fully established, until it has received the general appro-
bation of the Society, or of that branch thereof which it
more immediately concerns.

3. No creed can be framed to limit the progress of im-
provement. It is the faith of the Society, that the opera-
tions of divine light are unlimited. All are at liberty to
improve their talents and exercise their gifts, the younger
being subject to the elder, and all in concert with the gen-
eral lead.

4. In the order and government of the Society, no cor-
poral punishment is approved ; nor any external force or
violence exercised on any rational person who has come to
years of understanding. Faith, Conscience, or Reason, is
sufficient to influence a rational being ; but where these are
wanting, the necessary and proper means of restraint are
not prohibited.

5. The management of temporal affairs, in families hold-
ing a united interest, as far as respects the consecrated
property of the Society, is committed to trustees. These
are appointed by the Ministry and Elders ; and being sup-
ported as aforesaid, are legally invested with the fee of the
real estate belonging to the Society.

SHAKING QUAKERS.

2G7

All the consecrated property comes under their general
charge, together with the oversight of all public business,
and all commercial dealings without the bounds of the
community. But all the transactions of the Trustees, in
the use, management, and disposal of this united interest,
must be done in behalf, and for the united benefit of the
Society, and not for any personal or private use or purpose
whatever. And in all these things, they are strictly respon-
sible to the leading authority of the Society, for the faith-
ful performance of their duty.

It is also an established principle, that no Trustee, nor
any member whatever, shall contract debts of any kind, in
behalf of the Society.

ORDER AND ARRANGEMENT OF THE SOCIETY.

This community is divided into several different branch-
es, commonly called families. This division is generally
made for the sake of convenience, and is often rendered
necessary on account of local situation and occurrent cir-
cumstances ; but the proper division and arrangement of
the community, without respect to local situation, is into
three classes, or progressive degrees of order, as follows :

1. The first, or novitiate class, are those who receive
faith, and come into a degree of relation with the Society,
but chuse to live in their own families, and manage their
own temporal concerns. Any who chuse, may live in that
manner, and be owned as brethren and sisters in the gos-
pel, so long as they live up to its requirements.

Parents are required to be kind and dutiful to each other,
to shun every appearance of evil, provide for their family,
bring up their children in a godly manner, use, improve,
and dispose of their property wisely, and manage their af-
fairs according to their own discretion. They may thus
continue as long as it comports with their faith, their cir-
cumstances, and their spiritual improvement. But they are

263

SHAKING QUAKERS.

required to bear in mind the necessity and importance of a
spiritual increase, without which they are ever exposed to
fall back into the course and spirit of the world ; and they
can hold their connection with the Society no longer than
they continue to conform to its religious faith and princi-
ples.

Such persons are admitted to ail the privileges in the So-
ciety, spiritual or temporal, necessary to give them a full
understanding of all that they need to know. No control
is exercised by the Society over their persons, property, nor
children; but being members of a religious society, they
are to be subject to the spiritual direction of their leaders,
and may receive counsel in temporal matters, whenever
they feel it necessary to apply for it. If at any time they
desire to make a donation to any religious or charitable
purpose of the Society, they are at liberty to do so ; pro-
vided they be clear of debt, and their circumstances will
otherwise admit of it ; but after having freely made the do-
nation, they can have no more right to reclaim it, than the
members of other religious societies have to reclaim the
like donations.

The education and government of children belonging to
this class, is an important object. Where the number of
private families is sufficient, they may establish a school,
and jointly contribute to the support of it, and in this way
dispose of their property for the joint benefit of their pos-
terity ; but if any have estates, they may reserve them, in
whole or in part, for the benefit of their children when
they become of age.

No children are ever taken under the immediate charge
of the Society, except with the request or free consent of
those who have the lawful right and control of them, to-
gether with the child's own consent. But few, compara-
tively, are admitted.

Those taken into the Society are treated with care and
tenderness, receive a good school education, according to

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269

their genius, are trained to industry and virtuous habits,
restrained from vice, and at a suitable age, led into the
knowledge of the Sacred Scriptures, and practically taught
the divine precepts contained in them, particularly those of
Jesus Christ and the Apostles.

2. The second, or junior class, is composed of persons
who, not having the .charge of families, and being under
no embarrassments to hinder them from uniting together
in community order, chuse to enjoy the benefits of that sit-
uation. These (for mutual safety) enter into a contract to
devote their services freely to support the interest of the
family of which they are members, so long as they continue
in that order ; stipulating, at the same time, to claim no
pecuniary compensation for their services. But all the
members of such families are mutually benefitted by the
united interest and labors of the whole family, so long as
they continue to support the order thereof ; and they are
amply provided for in health, sickness, and old age. These
benefits are secured to them by contract.

Members of this class have the privilege, at their option,
by contract, to give freely, the improvement of any part or
all of their property, to be used for the mutual benefit of
the family to which they belong. The property itself may
be resumed at any time, according to the contract ; but
no interest can be claimed for the use thereof ; nor can any
member of such family be employed therein for wages of
any kind. Members of this class may retain the lawful
ownership of all their own property as long as they think
it proper, and chuse so to do; but at any time, after hav-
ing gained sufficient experience to be able to act deliber-
ately and understandingly, they may, if they chuse, dedi-
cate and devote a part or the whole, and consecrate it for-
ever to the support of the institution. But this is a matter
of free choice ; no one is urged to do so, but they are rather
advised in such cases, to consider the matter well, so as not
to do it until they have a full understanding of its conse-
23*

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SHAKING QUAKERS.

quences ; lest they should do it prematurely, and afterwards
repent of it.

3. The third, or senior class, is composed of such per-
sons as have had sufficient time and opportunity practically
to prove the faith and manner of life practiced in the So-
ciety, and are thus prepared to enter fully, freely, and vol-
untarily, into a united and consecrated interest. These
covenant and agree to dedicate and devote themselves and
services, with all that they possess, to the service of God
and the support of the gospel forever, solemnly promising
never to bring debt nor damage, claim nor demand, against
the Society, nor against any member thereof, for any prop-
erty or service which they have thus devoted to the uses
and purposes of the institution. This class constitutes
what is called church order, or church relation.

To enter fully into this order, is considered by the Soci-
ety to be a matter of the utmost importance to the parties
concerned, and therefore requires the most mature and de-
liberate consideration ; for after having made such a dedi-
cation, according to the laws of justice and equity, there
can be no ground for retraction. Nor can they by those
laws, recover any thing whatever which has been thus dedi-
cated. Of this, all are fully apprised before entering into
the contract. Yet should any afterward withdraw, the
Trustees have discretionary power to bestow upon them
whatever may be thought reasonable, not on the ground of
any just or legal claim, but merely as an act of charity.
No person, however, who withdraws peaceably, is sent
away empty.

Children taken into the order of the church, are treated
with care and tenderness. The government exercised over
them is mild, gentle, and beneficent, and usually excites in
them those feelings of affection, confidence, and respect
towards their instructors which are not often found among
other children, and generally produces a willing obedience
to whatever is required of them. The practical exercise of

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271

mildness and gentleness of manners, is early and carefully
cultivated among them. All churlishness and moroseness
of temper, all harshness of language, all rough, unfeeling
behavior, all unkind and uncivil deportment, and all mis-
chievous and wicked propensities, are cautiously watched
and reproved. Great pains are taken to lead them into the
practical esercise of truth, honesty, kindness, benevolence,
humanity, and every moral virtue. The duties of obedi-
ence to their instructors, respect to their superiors, rever-
ence to the aged, and kindness and civility to all, are strictly
enjoined upon them.

A good common school education is carefully provided
for them, in which it is acknowledged that they generally
excel children of their own age in the common schools of
the country. Where traits of genius are discovered, their
privilege of instruction, as occasion requires, is propor-
tionably extended. They are early led into the knowledge
of the Sacred Scriptures, instructed in their history, and
practically taught the divine precepts contained in them,
particularly those of Jesus Christ and his Apostles. They
are always brought up to some manual occupation, by which
they may be enabled to obtain a livelihood, whether they
remain with the Society or not.

During a period of more than forty years, since the per-
manent establishment of this Society, at New Lebanon and
Watervliet, there never has been a legal claim entered, by
any person, for the recovery of property brought into the
Society ; but all claims of that nature, if any have existed,
have been amicably settled to the satisfaction of the parties
concerned. Complaints and legal prosecutions have not
hitherto, come from persons who brought property into the
Institution ; but from those who came destitute of property,
and who, generally speaking, have been no benefit to the
Society, in any way ; but, on the contrary, after having en-
joyed its hospitality, and brought no small share of trouble
upon the people, have had the assurance to lay claim to wa-

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ges which they never earned, or property to which they nev-
er had any just nor legal claim.

No person can be received into this order until he shall
have settled all just and legal claims, both of creditors and
filial heirs; so that whatever property he may possess, may
be justly and truly his own. Minors cannot be admitted as
covenant members of this order; yet they may be received
under its immediate care and protection. And when they
shall have arrived at lawful age, if they should chuseto con-
tinue in the Society, and sign the covenant of the order,
and support its principles, they are then admitted to all the
privileges of members. The members of this order are all
equally entitled to the benefits and privileges thereof, with-
out any difference made on account of what any one may
have contributed to the interest of the Society. All are
equally entitled to their support and maintenance, and to
every necessary comfort, whether in health, sickness, or
old age, so long as they continue to maintain the principles,
and conform to the orders, rules and regulations of the in-
stitution. They therefore give their property and services
for the most valuable of all temporal considerations ; an am-
ple security, during life, for every needful support, if they
continue faithful to their contract and covenant, the nature
of which they clearly understand before they enter into it.

It may readily be seen, that such an order could not be
supported, if its members, on withdrawing, should take
whatever they have given, and have the avails of their la-
bors restored to them. They have agreed to give it all to
sacred and charitable purposes, claiming nothing but their
own support from it. It has been disposed of according to
their own desire; and the institution may therefore be no
better able to refund it, than if such dedication had never
been made. If, therefore, it should be returned to them, it
would be literally taking it from those who remain faithful
to their covenant, and giving it to covenant breakers. Who
cannot see that this would be both unreasonable and unjust?

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273

Notwithstanding all reports to the contrary, we confident-
ly assert that no person has been wronged, by any dedication
of property ever made to the purposes of this Society ; and
that no person whatever, has any just or reasonable ground
of complaint in this respect.

This Society has served as a pattern for all the societies
or branches of the community which have been established
in various parts of the United States. In every place where
the faith and testimony of the Society have been planted,
the same orders and rules of government have been gradu-
ally established and maintained; so that the Society and
its members are now generally known ; and from the stri-
king peculiarities which distinguish them from all other
professors of Christianity, no person need be deceived by
impostors.

The perpetuity of the Society is the last thing to be con-
sidered, on which we offer the following remarks :

We believe it to be generally granted, that the history of
the world does not furnish a single instance of any religious
institution which has stood fifty years without a visible de-
clension of the principles of the institution, in the general
purity and integrity of its members. This has been gener-
ally acknowledged by the devotees of such institutions, and
facts have fully verified it. Eut we would appeal to the
candid judgment of those who have known this institution
from the beginning, and have had a fair opportunity of ob-
serving the progress of its improvement, whether they have
in reality, found any declension, either in the external or-
der and regulations of the Society, or in the purity and in-
tegrity of its members, in the general practice of the moral
and christian duties ; and whether they have not, on the
contrary, discovered a visible and manifest increase in all
these respects. And hence they may judge for themselves,
whether the moral character of the Society, and its progres-
sive improvement, can be ascribed to any other cause than

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the blessing, protection and government of Divine Power
and Wisdom ; and why its perpetuity should be called in
question.

EXPOSITION CONTINUED,

IN WHICH SUNDRY INQUIRIES AND OKJECTIONS ARE STA-
TED AND ANSWERED.

The following pages were written in the State of Ohio,
and printed in a pamphlet with the preceding, under the su-
perintendence of R. McNcmer and D. Spining, in 1832.
As they tcill afford further information to the candid enquir-
er, they arc now reprinted with a few corrections and amend-
ments.

Notwithstanding much has been published for the in-
formation of mankind, relative to the faith and practice
of the United Society of Believers ; yet we find many among
the most candid and intelligent, who are still at a loss, and
often anxiously, and we hope honestly, seeking further in-
formation, especially on matters of a practical nature. For
the satisfaction of such, the following pages have been writ-
ten ; and as truth is our object, we shall aim at presenting
it in so plain a dress, that it may be easily comprehended
by persons of common capacity.

In the first place; it is a question with many, whether
this Society has for its primary object the things of this
world, or that which is to come. This question is, of all
others, of the greatest importance, and ought to be first set-
tled. It is strangely supposed, that if our main object were
to prepare for a future state, we would show a greater indif-
ference about the things of time'; but instead of this, that
we are as zealous to provide a good living, and to have

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275

every thing about us in the best order, and of the most du-
rable quality ; hence we have been publicly denounced, as
" a set of worldly minded, cunning deceivers."

To this strange kind of reasoning we need only reply,
that all our zeal in improving temporal things, and taking
satisfaction in the enjoyment of them, will not prove that
we have no greater enjoyments in prospect; and we think,
that the manner in which we use temporal things, may
serve as positive proof, that we consider them of but little
value, in comparison with the things of eternity.

Where is the man of the world that could be induced by
any thing earthly, to confess all his most secret sins, and
take up a full cross against all manner of sin and unclean-
ness in his knowledge, and live the life of self denial that
we live? This single appeal may satisfy the conscience of
any man, that nothing but motivespurely religious can pos-
sibly induce any person to join this society, and persevering-
ly conform to its rules and orders.

1. The confession of sins. This, being the initiating
act, opens a large field of inquiry, and some weighty objec-
tions, especially among Protestants, who have imbibed a
disgust to almost every point of order held sacred by the
Church of Rome. It is questioned whether the order of
the gospel be, to confess to God alone, in general terms, or
to name the particular acts, thing by thing, in the presence
of witnesses appointed to hear, remit, and counsel, as the
case may be.

The idea of confessing to man, or of any man having
power to forgive sin, is generally viewed by protestants as
the greatest presumption. But were it not for the abuses of
this sacred order, by the Catholic Church, no protestant,
nor any other person of candor, could read the scriptures
attentively, and not see that an oral confession of sins, as es-
tablished in this Society, was practised both under the law
and the gospel. The confession, if sincere, is indeed made
to God, and it is by his order that the penitent is released,

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and his sins forgiven him. " Whose soever sins ye remit,
they are remitted unto them, and whose soever ye retain,
th^y ;ire retained."

A striking evidence of the propriety and justice of this
order of confession may be observed in mankind under va-
rious circumstances. A sinner, under deep tribulation and
remorse of conscience, will often apply to some confidential
friend in whose piety and goodness he can safely trust, to
unburden his mind by laying open those crimes which oc-
casion his remorse, and will often find relief in so doing.
This is frequently the resource of awakened sinners on a dy-
ing bed. Criminals, also, under a just sentence of death,
and expecting soon to be launched into eternity, will often
make an open confession of their crimes, and seem to leave
the world with much more peace of mind than they other-
wise would have done. These things clearly show that there
is a witness in the soul of man, implanted by the finger of
God, to point out the true order of confession.

2. Self-denial comes next in order. The remission of
sins that are past, only serves to place the candidate on the
ground of further trial. By bringing his deeds to the light
he sees what kind of a creature he is, and what he shall do
with himself, is now the question. The answer is, " Deny
thyself." Can any thing be more objectionable ? Self is
the supreme object of every natural man ; nothing so near
and dear to him as himself ; of course, to deny himself ap-
pears the greatest inconsistency imaginable. Hence it be-
comes a deep labor to reconcile the mind, in any degree, to
a course so directly opposite to that of nature.

The candidate views and reviews his whole life, his ac-
tions and his principles of action, and compares them with
their opposites now set before him in the precepts of the gos-
pel and the example of believers; the infallible result of
which, in every honest man, is self-abhorrence and a sin-
cere inquiry, " Lord, what wilt thou have me to do?"
"Take up thy cross," is the answer.

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3. The Cross of Christ comes next into consideration.

Here is the grand halting place with the generality; they
are unwilling to purchase salvation at so dear a rate. But
to an honest soul there is no time to hesitate, no room for
evasion or getting round the cross ; no alternative but to
make a full surrender, an entire sacrifice. It might, per-
haps, be understood, that great latitude is given to the young
believer, to hold and manage his own property, family, &c.
It is only so considered after the manner of men ; the faith
of the gospel makes no reserve. Whoever denies self, de-
nies all that belongs to self. The grand requisition to disci-
pleship embraces " all that he hath." He himself is not his
own, and what can he have that he can call his own ?

Thus the honest soul, havino- received the faith of the
gospel, confessed his sins, denied himself, and taken up his
cross, is placed on the proper ground of probation, to fol-
low Christ in the regeneration ; which leads to a further
inquiry into those several steps which are considered more
or less objectionable, by the generality of mankind.

1. The first step, which the believer takes in conformity
to the example of Christ, is to withdraw from the commun-
ion and fellowship of the world. " Two cannot walk to-
gether except they be agreed."

The disagreement between the spirit of Christ and the
spirit of the world is irreconcileable : therefore, the first
step that goes to test our faith, is prompt obedience to the
call of Christ, which ever was, is, and ever will be, " Come
ye out from among them, and be ye separate." Hence
begins the first order of the Society.

No consideration of an earthly nature can bind the be-
liever to his former associates, nor separate him from the
company of those to whom he is united in spirit. The
terms laid down by the Captain of our Salvation are unal-
terable. No worldly honor, no earthly interest, no natural
affection, is taken for an excuse ; but whatever cannot be
24

■

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adjusted and disposed of in an orderly manner, must be
forsaken. " If any man come to me, and hate not his
father and mother, and wife and children, and brethren and
sisters, yea, and his own life also, he cannot be my disciple."
" He that loveth father or mother more than me, is not
worthy of me ; and he that loveth son or daughter more
than me, is not worthy of me ; and he that taketh not his
cross and followeth after me, is not worthy of me." (Mat.
x: 37.)

We have no system of rules to prescribe the form and
manner of proceeding, in this matter, each individual acts
according to circumstances : If there be a neighborhood
of Believers, they are under no necessity of selling or for-
saking their houses or lands, or deserting their families.

They establish their own rules of operation, and unbe-
lievers rarely mix with them, unless it be to persecute and
afflict them. Any that live remote, if they are not driven
off, may take their time for settling their temporal concerns,
and moving within the bounds of the Society. If they be
single persons, they are accommodated in some of the fam-
ilies of Believers ; those who have families move them
somewhere near, if they be willing to come, and provide
for them if they be able ; if not, they depend on their
brethren for help.

When a family is divided, and part hold with believers,
and part with unbelievers, it furnishes occasion for many
objections, which may all be answered in the words of
Christ. " I am come not to send peace, but rather divis-
ion." (Luke xii : 51.)

2. When thus separated from the world, and located in
the order of the Society, the next step is to test their union
and relation to each other. Their first faith was to make
a full and unreserved surrender to God, and it now remains
to prove the sincerity of their dedication. If God is in
heaven, and we upon earth, how is he to receive this dedi-
cation and surrender ? This question is answered by Christ

SHAKING QUAKERS.

279

himself: "Whatsoever ye do unto the least of these my
brethren, ye do it unto me."

The matter then is to regulate and adjust the general
interest to the best advantage, for the mutual support and
benefit of all. This is a radical principle that pervades the
whole concern, from its embryo to its greatest maturity,
and holds a selfish nature to the cross in every arrangement
that takes place.

The arrangement of persons, is a matter of the first im-
portance, to organize them in family order, to assign to
each individual the lot and place which he is best qualified
to fill, and in which he can improve his talents to the best
advantage. This, however wise and economical, is not
without serious objections, particularly on the ground of
disorganizing families, and dissolving the ties of nature.
But those who esteem the gospel relation as the most valu-
able treasure, must gain it, though it be at the expense of
those partial affections so highly prized by the children of
this world.

3. When a family, in gospel relation, is thus constituted,
the next inquiry is, what step is taken to arrange their tem-
poral interest and their mutual labors, so as to prevent con-
fusion ? What example has Christ given in that respect ?
Answer. In the first gathering of Believers, under the
ministry of the Apostles, while they had all things common,
there was cause of murmuring, till deacons were appointed
to see that justice was done to all. According to this ex-
ample, when property is united together and appropriated
to common purposes, it is placed under the care and man-
agement of a deaconship, who are to be responsible for the
same.

A covenant is entered into between the parties, in which
the use and benefit of the property, and the services of all
and each are freely devoted to the common support of the
family ; but to prevent fraud or imposition, no transfer of
property is made to the deacons or to any other person.

■^aU SHAKING QUAKERS.

As this order is merely probationary, the utmost caution
is used to prevent imposition. Each individual who brings
property with him, has it valued by disinterested men, takes
an inventory of it signed by the appraisers, delivers it to
the care and custody of the deacons, and if he should after-
wards call for it, he receives it without interest, and gives a
receipt and acquittance from all further demands.

The reasons for retaining this joint property on the
ground of individual and separate claims, are to afford each
a sufficient time of trial, and to secure a just settlement of
all individual accounts. As long as there is any ground of
claim upon the individual, his property remains in his own
power, liable for his debts and other personal purposes. It
is therefore in this order that all matters are adjusted rela-
ting to the settlement of property, all accounts settled with
creditors, and donations given or appropriations made to
heirs : but above every temporal consideration, it is here
that the following lines begin to be realized :

Our flesh and sense must be denied,
Passion and envy, lust and pride;
While justice, temp'rance, truth and love,
Our inward piety approve.*

Few objections are ever brought against the order of
such a family, relative to their domestic economy ; but the
case of the withdrawing members sometimes excites the
tender sympathies of the world. For such to receive barely
what they brought in ; no interest; no wages ! How will
this comport with the injunctions of scripture, not to de-
fraud the hirelino- of his waffes : or how will it bear the
scrutiny of the laws of the land?

Answer. We have ever, from the beginning, discarded
the idea of hireing each other, or paying wages to any
member of the Society ; therefore, no objection can arise

* Dr. Watts,

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281

on the ground of defrauding a hireling ; and as for paying
interest, it is pointedly prohibited by the moral law.

" Thou shalt not lend upon usury to thy brother, usury
of money, usury of victuals, usury of any thing that is lent
upon usury." — " Lord, who shall abide in thy tabernacle 1
Who shall dwell in thy holy hill 1" Mark the answer.
" He that putteth not out his money to usury."

As for the laws of the land, they will be considered here-
after, in reference to a higher order, which is the next sub-
ject of inquiry,

4. The fourth and last step that is marked out for our
journey through time, is into Church order, where the spirits
of men are to be tried as by fire, " and the fire shall try
every man's work of what sort it is ;"*" their characters
will be fairly tested, and their destiny for a future state de-
cided. Every order short of this, is merely preparatory,
and admits of some reserve ; but whoever advances into
church relation, ought to calculate to make no reserve, and
" to go no more out."f He must enter this order as Noah
entered the ark, to ride the foaming billows of time, and
terminate his voyage on the peaceful shores of eternity.

To this ark of safety, the true Believer steadily and
gradually progresses, making strait paths for his feet, until
he arrives at the door of admission.

When a competent number have passed through a suffi-
cient trial of their faith, in the junior order, and are uni-
tedly prepared to establish and support church relation, they
have only to ratify and confirm their inward agreement by
executing what is, by way of eminence, called the Church
Covenant. Our limits will not admit of inserting this Cov-
enant entire ; we shall therefore only state the outlines of
its stipulations.

The parties solemnly announce their faith, and the object
of their associating together in that order. They agree to

* 1 Thess. iii : 13.

24*

t Rev. iii: 12.

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live together as brethren and sisters of one family, possess-
ing one consecrated interest, and equally enjoying the bene-
fits of the same ; to conform to the order of the Church
heretofore known and approved. The several orders of
ministry, elders, deacons, and trustees, and the duties of
each, are severally designated, as also the duties and obli-
gations, rights and privileges of the members respectively..
They further, in the most explicit terms, relinquish all claim)
to personal or private property, and wages for their services,,
and debar, not only themselves, but their heirs and assigns
for ever, from all private claims to the said consecrated in-
terest, on account of any property or service which they
may have contributed and bestowed, and jointly securing
to all and each, the unmolested enjoyment of all those ben-
efits and privileges, spiritual and temporal during life, pro-
vided they perseveringly conform to the principles and rules
of the institution.

The visible fruits of the Senior orelcr are the best cont-
inent on its principles. The world have little to sat/ but in
admiration. Nor would the most penetrating eye discover,
in all the arrangement, cause for complaint, or criminal
charge, without the help of a Judas, to misrepresent and
falsify.

No trouble or calamity, worth naming, has ever arisen on
this consecrated ground, but through the agency and instru-
mentality of those who violate their sacred engagements, re-
nounce the faith, and demand reparation, for the damages
which they pretend to have sustained.

J3ut as this is a subject of peculiar importaiice, we shall
give it a distinct consideration.

THE CLAIMS OF APOSTATES CONSIDERED.

The case now under consideration having been briefly
treated in the preceding part of this work, we shall con-
tinue the inquiry, under a general appeal to every rule of

SHAKING QUAKERS.

283

right, and see whether on any fair principle the community
can be made liable for property so devoted, or labor per-
formed under such conditions.

Let us, then, in the first place, inquire : Is it just and
light to retain such donations, in the eye of the law ?

The answer is clear, that if the law grants the liberty of
bestowing a gift, it never can revoke the gift made under
she sanction of that law ; since all the blessings of a free
government depend on the protection of life, liberty, and
the enjoyment of property; the right of using property
righteously acquired, must, of course, be accounted one of
its blessings. We boast of our constitution, and it expressly
prohibits the enacting of any law which would impair any
bona fide contract or agreement whatever.

When we undertake to prove that it is right, according
to law, for any person (free from all incumbrances or lawful
demands) to bestow his own property or services to any
amount, and to whomsoever he sees fit, it seems like an un-
dertaking to prove that two and two make four. The right
to give alms and to make donations, either in property or
labor, is guaranteed by the laws and usages of all nations.
Landed property may, under some governments, be entailed,
but even estatestail are considered by us as inconsistent
with the genius of a free republic ; because the possessor
of such estate is restrained in his disposal of it. Even in
England, legal finesse is resorted to, to break the shackles
which had been anciently imposed upon the right of giving
away property as the proprietor of it pleases.

No one, we think, can seriously doubt of the legal right
which every man in this country possesses, of giving away
and receiving property according to the very order and man-
ner practised by the Church.

Another inquiry is raised on the ground of equity. Ad-
mitting it is consistent with the rules and maxims of law,
will it comport with the pure principles of justice and
equity ?

284

SHARING QUAKERS.

Answer. In the first place, let us examine wherein
there is, or may be a difference between law and equity.
It may be supposed that the law, that is our written, or
statute laws, are defective by reason of that universality of
expression, which nothing but a closer-going principle of
equity can correct by reaching the minutest circumstance of
every case. The written law cannot be made so explicit
as to include in the strictest terms of expression, or fair im-
plication, all that is necessary, in order to bring to justice-
the artful and designing, by tracing them through all their
dark and crooked windings, and those subtle schemes which
they invent to entrap and defraud the less artful or more-
honest.

A court is therefore instituted for the relief of such suf-
ferers, and this is called a court of equity. In this court
the judge may decide according to evidence, and the com-
mon or written law. Where there is no statute that will
bear him through, he may select and apply the principles
of common law to the case in hand ; and where he can
find none to suit, he takes such as are most analogous,
and, according to his own scrutinizing judgment, raises up
a new principle, or correcting law, by which he decides
the case. This important subject requires a serious atten-
tion, in order to discover its just merits.

The Church would be supposed to be so deeply interest-
ed, that a righteous decision could not, from that quarter,
be expected ; and of course, the withdrawing member — all
his near relations — every other member who has left the
Society, and every one who intends to leave it, are, by
reason of their self-interest in the adjudication, incapable
of being impartial. We have no alternative now left, but
to look to those who are the least liable to be influenced
by interest, and who, at the same time, are the most capa-
ble of understanding such matters. This will lead us di-
rectly to the court of equity, by reason of its superior ad-

SHAKING QUAKERS. 285

vantages in obtaining the evidence of the facts, as well as
its extensive powers in gathering the opinions and judg-
ments, the laws and usages of the wisest and best men who
have lived for many ages past.

And what would, or what could such a tribunal do in
the present case ? In this court, as well as all others, the
decision must be given according to law and evidence.

Here the covenant is the evidence of the fact, that the
withdrawing member did voluntarily give his property and
services for the uses therein specified ; and also that he
therein promised never to make any charge or demand for
the same.

Here the fact is clear and indisputable ; and the court
find that the common law secures to all sane persons, who
are not under duress or constraint, the power of making
such donations of property or of services, as they have
a just claim to. The court of equity, therefore, as well as
that of rigid justice, must and will decree that the dona-
tion was lawfully and rightfully made ; and that the cove-
nant by which the gift was secured, is lawful and good,
and that any act or decree that would disannul or make it
void, would be wrong, and altogether immoral in its tend-
ency, as it would, in effect, destroy all covenants or agree-
ments, deeds and obligations, in short, that the whole
foundation of social compact or intercourse between man
and man would be swept away, and that breach of promise
would no more be wrong.

Thus we see by the authority that is deemed the most
wise and the most pure on earth, it is established, that it
would not be right, but wrong, for the withdrawing mem-
ber to break his vow, or make any demand for such conse-
crated service or property. Whence it follows of course,
that whatever he can rightfully receive, must be given to
him, according to the provisions of the covenant, as a
charity.

Most clearly then, any one losing his right of member-

280

SHAKING QUAKERS.

ship, by renouncing his faith and his former obligations of
obedience, has no better claims to privileges, property or
support, than those who never were members. But those,
and those only, who acknowledge and obey the faith and
doctrines of the gospel, and conform to the rules and or-
ders thereof, are held in relation as members.

But in the next place, admitting that no law of man can
reach the case, may it not be expected that for conscience
toward God, remuneration will be made ? We answer ;
All that conscience has to do in the matter, is, to require
the judgment to be honestly exercised to decide the case
according to the best light, rule or law, which it may be in
possession of. And as we have already seen what the de-
cision would be of a conscientious judge, when guided by
the best rules or laws among men ; so there can be no pro-
priety in appealing to conscience, unless she be allowed to
have access to some acknowledged rule of judgment. Now
to understand this last appeal fairly, the question is — What
rule of judgment is to be considered as most binding on
the moral sense or conscience of a Christian ? It will be
answered — The revealed will of God, as recorded in the
scriptures of the Old and New Testaments. Then, " to
the law and to the testimony ; if they speak not according
to this word, it is because there is no light in them."
(Isa. viii.20.)

We will first mention the positive requirements under
the law. One tenth of all their increase was to be conse-
crated ; in addition to this, every first born male of man
and beast. These, with other positive requirements under
the law, plainly show that God holds a claim to property,
and to persons too, for his special service. And were those
large donations ever credited to the donor, with any view
to a recovery 1

But beyond positive requirements, there was an abun-
dance of free-will offerings, which were encouraged and
highly approbated. All vows and promises to dedicate to,

SHAKING QUAKERS.

287

the sefvice of God, either property or person, were appro-
ved and confirmed. And however they might, under the
influence of the selfish principle, afterwards change their
minds, they were never permitted to fail in the fulfilment
of their sacred voluntary engagements. " If a man vow a
vow unto the Lord, he shall not profane his word, he shall
do according to all that proceedeth out of his mouth."
(Numb. xxx. 2.) No provision here for any change of
mind.

Now, what think ye, did Christ come to destroy the law,
or to fulfil it ? Did he teach his disciples to be more selfish,
more penurious, or more tenacious of their property than
had been customary ? Just the reverse.

The law, by levying on a part, for the purpose of sup-
porting union, only served as a school master to bring us
to Christ, whose doctrine required an entire devotion of
all that a man had, and his own consecrated life into the
bargain. Let him that readeth understand. " Whosoever
he be of you that forsaketh not all that he hath, he cannot
be my disciple. (Luke xiv. 33.)

Hence the example of the poor widow was so highly
commended in putting into the treasury all that she had,
even her whole living, although it was but about a farthing.
For the gospel requires a full surrender to God, from those
who profess it, and any one under the profession of obedi-
ence to the gospel, in full church relation, attempting to
hold back a part of his property or services for self, may
remember Ananias and Sapphira. And how could any one
stand on any better ground, who had solemnly and freely
given up all, should he ever afterwards attempt to take
back a part or the whole of what he had freely devoted 1
For any thing further on this point, we refer to the ever
memorable facts recorded in the acts of the Apostles, where
it is said, " The multitude of them that believed, were of
one heart, and of one soul ; neither said any of them that
aught of the things which he possessed was his own ; but
they had all things common." (Acts iv. 32.)

288

SHAKING QUAKERS.

Is there any evidence that aught of this property was
ever reclaimed, or that there ever was an order of court,
either in heaven or on earth, to repeal those gifts, and sub-
ject the church to debt or damage for the same?

The result of this inquiry, then, is obvious, that con-
science has no other concern in the matter, except to ac-
quiesce in the principles of right, established by all the
aforesaid authorities, and decide accordingly.

Some, for mere evasion, have brought up the golden
rule, of doing to others as we would they should do to us,
and as they would fondly apply it, we think a greater ab-
surdity could not be invented. We are willing this rule
should be applied to us in any rational point of view; it is
that by which we square our conduct in all our transactions
with mankind ; but should we follow the ignis fatuus light
of a self-interested apostate, and his advocate, where
would it lead us ?

But what do we to others, that we would not that they
should do to us? We covet no man's silver or gold, or
property of any description ; of course we wish them not
to covet ours. — We demand nothing from any man to
which we have not a lawful right, and why should we not
repel an unlawful demand upon us? and as we punctually
keep and fulfil our contracts, so we wish others to do.
And though we vow to our own hurt, we change not.
(See Psalms xv. 4.) And could we wish others to act dif-
ferently ? But should we at any time recant a fair bargain,
and attempt by law to force our opponent into a compli-
ance with our covetous wishes, we would that the court
should brand such a suit with infamy. Then let such be
the result of all illegal claims against the Church, and all
differences of opinion on this interesting subject will be
fairly and impartially settled.

Here we think the argument might close ; but one final
objection, on account of serious minds, we shall consider,
namely, that this final dedication is carrying the matter too

SHAKING QUAKERS.

289

far — farther than the general sense of mankind will appro-
bate ; consequently it renders the institution unpopular :
whereas, by some little alterations in the church covenant,
permitting the withdrawing member to take back his prop-
erty, and allowing him something for his labor, the insti-
tution might be more extensive and useful.

Answer. Had we been set to contrive the plan, no doubt
we should have adopted such views ; but all we have had
to do in the matter, has been to receive it as it has been
originally constructed by a higher authority.

But to obviate what Dr. Clelland of Kentucky terms its
" odious unpopularity ,"* we would remark that every de-
gree of the work of God that has ever been introduced
among mankind, has been odiously unpopular in its com-
mencement. By consulting Dr. Lardner's quotations from
the book of Celsus, it will appear how popular Christ him-
self was in the early days of his ministry.

But so it is, that every step in the travel of the church
towards her consummate glory, has been under an increas-
ing cross. The circumcised Jew was odiously unpopular
to the whole Gentile world, and Christians, as long as they
maintained the circumcision of Christ, supported no better
character in the esteem of a licentious world ; from which
the conclusion is evident, as it respects the finishing work
of God in this latter day ; that it must be by a full cross
that the church can possibly arrive at her consummate
glory.

No one is compelled to bear such a cross ; but when the
time is fully come for Zion to arise and put on her beauti-
ful garments, and a people are prepared to take up such a
cross, is it consistent that God should suspend his purposes,
and procrastinate his work, because it is likely to be un-
popular, and but a few ready to approbate it 1

The unpopular few, who chuse to advance to the height

* See Unitarianism Unmasked, page 161.
25

290

SHAKING QUAKERS.

of Zion, cannot interrupt any that chuse to tarry on the
plain of mere partnership and self-interest; but as an apol-
ogy for our holding fast what we have received, let us for
a moment take a view of a society constituted on the
popular plan.

Here all are equally prepared and invited to flock to-
gether ; the multitude must include whole families, old and
young, rich and poor, weak and strong, with their several
interests, talents and faculties. All go to work that are
able and willing, and all derive their support from the joint
stock, each has his property appraised, and his money and
property, of course, going on interest.

Who, now, is to register those several sums, and calcu-
late the annual interest, and keep book for a fair reckon-
ing of loss or gain? Who is sufficiently versed in arithme-
tic to calculate the value of the days' works performed by
this popular assembly, and make the proper deductions for
boarding, washing, lodging, clothing, doctoring, and other
necessary expenses ? all which must be done, if each is to
retain his personal interest, and a legal and just settlement
is to be made. And without such regular accounts, what
sworn jury could legally guess what the annual labor of an
individual was worth, or how much ought to be deducted
for necessary and contingent expenses. But we leave it
to those who have attempted the experiment, or may wish
to establish a community on such a plan, to make the cal-
culation. If, indeed, any one should attempt to apply the
principle, and make the calculation, he would soon find
that a united body of people could never stand on that
ground ; because the selfish principle it would involve, and
the difficulties and confusion it would occasion, would in-
evitably dissolve the institution. But if any chuse it, let
them try the experiment. We have but one object in view,
and that is to fulfil, in the most unequivocal manner, " all
that the prophets have spoken" concerning the church of
God in the latter day.

SHAKING QUAKERS.

291

And thus, after examining the subject on every side,
it evidently appears that the unity, purity and perpetuity
of the church can never be gained and supported, except
upon those very principles upon which this institution is
founded.

And here we shall close this subject, with a few passing
remarks on this pure principle of self-denial, and impartial
regard to the welfare of others, — a principle which induces
its subject to give, hoping for no remuneration in this
world, and freely to exchange the selfish and contracted
pleasures of time, for the more sublime and exalted enjoy-
ments for which man was created.

That such a principle does exist, and that wherever seen,
it ought to claim universal approbation, a few actions,
under peculiar circumstances, seem to prove. A spirit of
benevolence in doing good to the poor, in a man's hazard-
ing his own life, to save the life of his fellow creature, in
his suffering toil and danger for his country's sake, without
pecuniary reward ; how are these things admired ! How
are such characters eulogized ! What an immortal renown
accompanies their names !

Of this truth we have a signal instance in George
Washington. And what, pray, did he do, which con-
strains all to honor him? Why, he perseveringly endured
privations and hardships ; was faithful, zealous and enter-
prising in the cause in which he was engaged ; refused pe-
cuniary reward for his arduous services ; and lastly, (and
this crowned all) he did not do what so many successful
chiefs have done, — he did not usurp the sovereign power
when it was within his grasp, but resigned up his commis-
sion and retired in peace. What is it then, that calls forth
unbounded and universal esteem, but a measure of self de-
nial, so conspicuous through the different parts of his public
life, as well as his private walks?

Here we see that God has a witness in every man's
breast, which is compelled to honor and approve of the

292 SHAKING QUAKERS.

principle of self-denial. How liitle soever they may exer-
cise it, they are ready to testify its heavenly origin.

How must mankind feel when they come to see and
know that the church, as to its principles, is founded
wholly on the doctrine of self-denial, and that it is built
up, entirely, by the practice thereof. If one man should
be induced, through friendship, to give up his own life
to save the life of his friend, and do it deliberately, his
fame would be sounded far and near, especially if that
friend should be some person of note. But how must the
world be confounded when all come to know that every
simple, cross-bearing Believer, (and that there are hun-
dreds of such) is constantly in the actual work of laying
down his earthly and sensual life, for the sake of Christ, his
everlasting friend. And can it be disputed that such are
entitled, above all others, to the sure and certain hope of
gaining a better and far more excellent life, according to
the promise of Christ, his immutable friend and Lord :
" Whosoever will save his life, shah lose it : but whosoev-
er shall lose his life for my sake and the gospel's, the same
shall save it." And again : " He that loveth his life, shall
lose it ; and he that hateth his life in this world, shall
keep it to life eternal." (Mark viii. 35, and John xii. 25.)

EXTRACTS FROM THE CHURCH COVENANT.

The following extracts are made from the written Cove-
nant which was adopted and executed in the Church of the
United Society in the year 1830. They show the essential
object for which the Society was established, the manner
in which the temporal interest of the Church is held, and
the purposes for which it is used and appropriated by the
Trustees. They also show the privileges enjoyed hy, and
the duties required of the members for whose benefit the
temporal concerns of the Society have been regulated and
managed since the first establishment of this Institution.

Article II. — The great object, purpose and design of

SHAKING QUAKERS.

293

our uniting together as a Church, or Body of people, in so-
cial and religious compact, is faithfully and honestly to oc-
cupy, improve and diffuse the various gifts and talents,
both of a spiritual and temporal nature, with which Divine
Wisdom has blessed us, for the service of God, for the
honor of the gospel, and for the mutual protection, sup-
port, comfort and happiness of each other, as brethren and
sisters in the gospel, and for such other pious and charita-
ble purposes as the gospel may require.

Art. III. Sec. 1. — The official Trustees of the Church
are invested with power to take the general charge and
oversight of all the property, estate and interest dedicated,
devoted, consecrated and given up for the benefit of the
Church ; to hold in trust the fee of all lands belonging to
the Church. And the said property, estate, interest, &,c.
shall constitute the united and consecrated interest of the
Church, and shall be held in trust by the said Trustees, in
their official capacity, and by their successors in said office
and trust, forever.

Sec. 2. — It is, and shall be the duty of the Trustees, to
improve, use and appropriate the said united interest, for
the benefit of the Church, in all its departments, and for
such other religious and charitable purposes as the gospel
may require ; and also to make all just and equitable de-
fence in law, for the protection and security of the conse-
crated and united interest, rights and privileges of the
Church and Society, jointly and severally, as an associated
community, so far as circumstances and the nature of the
case may require. Provided nevertheless, that all the
transactions of the said Trustees, in the use, management,
protection, defence and disposal of the aforesaid interest,
shall be for the benefit and privilege, and in behalf of the
Church or Society, as aforesaid ; and not for any private
interest, object or purpose whatever.

Sec. 3. — It shall be the duty of the Trustees to give in-
formation to the Ministry and Elders of the Church, of

25*

294

SHAKING QUAKERS.

the general state of the temporal concerns of the Church
and Society committed to their charge ; and also to report
to said authority, all losses sustained in the united interest
thereof, which shall come under their cognizance. And
no disposal of any of the real estate of the Church, nor
any important contract shall be considered valid without
the previous approbation of the authority aforesaid, to
whom the said Trustees are, and shall at all times be held
responsible in all their transactions.

Art. VJ. Sec. 1. — The united interest of the Church
having been formed and established by the free-will offer-
ings, and pious donations of the members respectively,
from the commencement of the Institution, for the objects
and purposes already stated, it cannot be considered either
as a joint tenancy or a tenancy in common, but as a con-
secrated whole, designed for, and devoted to the uses and
purposes of the gospel forever, agreeable to the established
principles of the Church ; therefore it shall be held, possess-
ed and enjoyed by the Church, in their united capacity, as
a sacred and covenant right; that is to say, all and every
member thereof, while standing in gospel union, and main-
taining the principles of this covenant, shall enjoy equal
rights, benefits and privileges, in the use of all things per-
taining to the Church, according to their several needs and
circumstances ; and no difference shall be made on account
of what any one has contributed and devoted, or may hereaf-
ter contribute and devote to the support and benefit of the
Institution.

Sec. 3. — As subordination and obedience is the life and
soul of every well regulated community, so our strength
and protection, our happiness and prosperity in our capa-
city of church members, must depend on our faithful obe-
dience to the rules and orders established in the Church,
and to the instruction, counsel and advice of its leaders :
Therefore we do hereby covenant and agree, that we will re-
ceive and acknowledge as our Elders in the gospel, those

SHAKING QUAKERS.

295

members in the Church who are or may be chosen and ap-
pointed for the time being, to that office and calling, by
the authority aforesaid ; and also, that we will, as faithful
brethren and sisters in Christ, conform and subject our-
selves to the known and established faith and principles of
our community, and to the counsel and direction of the
Elders who shall act in union as aforesaid ; and also to all
the orders, rules and regulations which are, or may be given
and established in the Church, according to the principles,
and by the authority aforesaid.

Sec. 4. — As the faithful improvement of our time and
talents in doing good, is a duty which God requires of man,
as a rational, social and accountable being, and as this
duty is indispensable in the members of the Church of
Christ, therefore it is, and shall be required of all and
every member of this Institution, unitedly and individually,
to occupy and improve their time and talents, to support
and maintain the interest of this Society, to promote the
objects of this Covenant, and discharge their duty to God
and each other, according to their several abilities and call-
ings, as members in union with one common head ; so
that the various gifts and talents of all, may be improved
for the mutual benefit of each other, and all concerned.

W I T C IT GRAF T .

The few pages that close this work, are devoted entirely
to a repetition of strong cases of ancient denionology and
witchcraft detailed at the time of their occurrence by the
Rev. Cotton Mather, a celebrated Divine in this country,
and other clergymen and learned men of that day, many
of which cases, they pledge their reputation, occurred
within their own view, and are accurately and truly repre-
sented.

That they honestly believed what they have related, can-
not be doubted by the reader on the perusal of the original.
Indeed, their excited feelings affected more to keep up this
strange belief in supernatural events, than all things else ;
for they w-ere usually the prosecutors, witnesses, and jury,
to try the guilty — for guilty they of course were, if suspect-
ed and accused. And the offenders were pre-judged, con-
demned, and executed in the minds of ihe tryers as much
before the evidence was heard, as subsequent. It was a
business of condemnation under high excitement, not of
judicious, honest, adjudication of facts proved before them.
The few cases I have collected, are only inserted here to
shew the amazing improvement in the minds of men since
that strange and truly eventful period of the dark ages.

The following are the only cases of trials for witch-
craft upon the Records of the Colony of Connecticut,
which are transcribed accurately from the Record.

A Court held at Hartford, July 2d, 1663.

Elizabeth Seger, thou art here Indited by the name of
Elizabeth Seger, for not haveing the feare of God before
thine Eyes ; thou hast enterteined familiarity with Sathan,
the grand Enemie of God and mankind, and by his help,
hast acted things in a preternatural! way beyound the ordc-
nary course of nature, as allso for that thou hast committed
Adultery, and hast spoken Blasphemy against God, con-

WITCHCRAFT.

297

trary to the Lawes of God and the established Lawes of
this Corporation, for all or any of which crimes by the sayd
Lawes thou deservest to dye.

The Prisoner pleaded not Guilty of the Inditement, and
refered herselfe to the tryall of the Jury.

The Jury returne that they finde the Prisoner Guilty of
the Inditement in that perticuler of Adultery.

June, A. D. 1G65.

The Inditement of Elizabeth Seger.

Elizabeth Seager, thou art here indited by the name of
Elizabeth Seager, the wife of Richard Seager, not having
the feare of God before thine eyes, thou hast entertained
familiarity with Satan, the Grand Enemy of God and man-
kind— hast practiced witchcraft formerly, and continuist to
practice witchcraft, for which, according to ye Lawes of
God and the establisht Law of this Corporation, thou de-
servest to die.

The Prisoner answers not guilty, and refers herself to be
tried by God and the Country.

The Jury being called to return their Verdict upon ye
Inditement of Elizabeth Seager, the Foreman declares that
they find the prisoner Guilty of familiarity with Satan.

Respecting Elizabeth Seager, this Court considering the
verdict of ye Jury, and finding that it doth not legally an-
swer the Inditement, doe therefore discharge and set her
free from further suffering or imprisonment.

This is a true copy of record.

The same Elizabeth Segar had been before tried and ac-
quited for the same offence committed with the crime of
adultery, and found guilty of adultery, and not guilty of
witchcraft.

Court of Assistance at Hartford May 25, 1G99.

Kateram Harrison, thou standest here Indicted by ye
name of Kateram Harrison, of Weathersfield, as being
guilty of Witchcraft, for that thou not having the fear of

298

WITCHCRAFT.

God before thine eyes, hast had familiarity with Sathan, the
grand enamie of God and mankind ; and by his help hast
acted things beyound and besides the ordinary course of
nature, and hast thereby hurt the bodyes of diuers of the
Subjects of our Souraigne Lord, the King ; for which, by
the law of God and of this Corporation, thou oughtest to
dye. What sayest thou for thyselfe, guilty or not guilty.
The Prisoner returned not guilty, and referred herself to a
Try all by the Jury present. — Juryes Oath. You doe sware
by the grate dreadful! name of the euerliuing God, that you
well and truely try, Just verdict giue, and true deliuerance
make between our Sourigan Lord, the King, and such
Prisoner or Prisoners at the Barr as sheals be given you in
charge according to euidence giucn in Court and the Iawes,
so help you God, in our Lord Jesus.

The .Jury finding difficulty in the matter given them in
charge, in reference to the Indictment of Kathcrn Harrison,
cannot as yet, agree to give in a verdict ; upon which the
Court see cause to adjourne vntill the next Sasion of the
Court of Assistant in October ; at which time the Jury are
to appare to give their verdict, and the Prisoner to remaine
in duerance till that time.

4 Cmrt of Assistants held at Hartford October 12, 1G99.

The Jury were called in Court, and did appeare, who
were by the Court ordered to pass upon the consideration
of the Indictment of Kath. Harrison, formerly committed
to them.

The Jury being called to give in their verdict upon the
Indictment of Katherin Harrison, returne that they find the
Prisoner guilty of the Indictment.

This Court haueing considered the verdict of the Jury
respecting Kathern Harrison, cannot concur with them so
as to sentance her to Death, or to a longer continuance in
restraynt, but do dismiss her from her imprisonment, she

WITCHCRAFT.

293

paying her Just fees, willing her to minde the fullfilment of
remouing from Weathersfield; which is that will tend most
to her owne safety and the contentment of the people who
are her neighbours.

witchcraft, 1694. p. 77.

Capt'n Daniel Clark at this Court as Att'y in behalf of
our sovreign Lord, the King, appeared in Court and ar-
rained Winnfield Benham Sen'r, and Winnfield Benham,
Jr. both of Wallingford, for having familiarity with Satan,
the enemy of God and mankind, and by his aid doing many
preternatural arts, by mischievously hurting the bodies and
goods of sundry persons, viz., of John Moses, Jr., Joseph
Roys and Ebenezer Clark, with divers others, to the great
damage and disturbance of the public peace, &c. This
bill of Charges, with the testimonies relating thereunto,
being referred to the consideration of the Grand Jury, re-
turned upon the bill Ignoramus.

This suit was commenced at N. Haven, but tried at
Hartford.

It is to be confessed and bewailed, that many inhabitants
of New England, and young people especially, had been
led away with little Sorceries, wherein they did secretly
those things that were not right against the Lord their God :
they would often cure hurts with spells and practice detest-
able conjurations with Sieves, and Keys, and Peas, and
Nails, and Horse Shoes, to learn the things for which they
had a forbiden and impious curiosity. W retched Books
had stolen into the land, wherein fools were instructed how
to become able fortune tellers.

Although these diabolical divinations are more ordina-
rily committed perhaps all over the world, than they are in
the country of New England, yet that being a country de-
voted unto the worship and service of the Lord Jesus Christ
above the rest of the world, he signalized his vengeance

300

WITCHCRAFT.

these wickednesses with such extraordinary dispensations
as have not often seen in other places.

The Devils which had been so played withall, and it may
be by some few criminals more explicitly engaged and em-
ployed, now broke in upon the country after as astonishing
a manner as was ever heard of. Some scores of people,
first about Salem, the centre and first born of all the towns
in the Colony, and afterwards in other places, were arrest-
ed with many preturnatural vexations upon their bodies,
and a variety of cruel torments which were evidently from
the Demons of the invisible world. The people that were
infected and infested with such demons, in a few days time
arrived unto such a refining alteration upon their Eyes that
they could see their tormentors : they saw a Devil of a little
stature, and of a tawny colour, attended still with spectres
that appeared in more human circumstances.

The tormentors tendered unto the afflicted a book requi-
ring them to sign it, or to touch it at least, in token of their
consenting to be listed in the service of the Devil ; which
they refusing to do, the Spectres under the command of
that black man, as they called him, would apply themselves
to torture them with prodigious molestations.

The afflicted wretches were horribly distorted and con-
vulsed ; they were pinched black and blue; pins would be
run every where in their flesh ; they would be scalded until
they had blisters raised on them ; and a thousand other
things, before hundreds of witnesses, were done unto them,
evidently preternatural ; for if it were preternatural to keep
a rigid fast for nine, yea, for fifteen days together ; or if it
were preternatural to have ones hands tied close together
with a Rope to be plainly seen, and then by unseen hands
presently pulled up a great way from the earth, before a
crowd of people ; such preternatural things were endured
by them.

But of all the preternatural things which these people
suffered, there were none more unaccountable than those

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301

wherein the prestigious Demons would ever now and then
cover the most corporeal things in the world with a fascin-
ating mist of invisibility. As now, a person was cruelly
assaulted by a spectre, that she said came at her with a
spindle, though nobody else in the room could see either
the spectre or the spindle ; at last, in her agonies, giving a
snatch at the spectre, she pulled the spindle away ; and it
was no sooner got into her hand, but the other folks then
present beheld that it was indeed a real, proper, Iron spin-
dle ; which when they locked up very safe, it was, never-
theless, by the demons taken away to do farther mischief.

Again, a person was haunted by a most abusive spectre,
which came to her, she said, with a sheet about her, though
seen to none but herself. After she had undergone a deal
of teaze from the annoyance of the spectre, she gave a
violent snatch at the sheet that was upon it ; wherefrom she
tore a corner, which in her hand immediately was beheld
by all that were present, a palpable corner of a sheet : and
her Father, which was of her, catched, that he might see
what his Daughter had so strangely seized ; but the spectre
had like to have wrung his hand off, by endeavouring to
wrest it from him ; however he still held it ; and several
times this od accident was renewed in the family. There
wanted not the oaths of good credible people to these par-
ticulars.

Also it is known, that these wicked spectres did proceed
so far as to steal several quantities of money from divers
people, part of which individual money dropt sometimes
out of the air, before sufficient spectators, into the hands
of the afflicted, while the spectres were urging them to sub-
scribe their covenant with death. Moreover, poisons to the
standersby wholly invisibly, were sometimes forced upon
the afflicted; which, when they have with much reluctancy
swallowed, they have swoln presently, so that the common
medicines for poisons have been found necessary to relieve
them ; yea, sometimes the spectres in the struggles have so
26

302

WITCHCRAFT.

dropt the poisons, that the standersby have smelt them and
viewed them, and beheld the pillows of the miserable stained
with them. Yet more, the miserable have complained bit-
terly of burning rags run into their forcibly distended
mouths; and though nobody could see any such cloths, or
indeed any fires in the chambers, yet presently the scalds
were seen plainly by every body on the mouths of the com-
plainers, and not only the smell, but the smoke of the
burning sensibly filled the chambers.

Once more the miserable exclaimed extremely of Brand-
ing Irons, heating at the fire on the hearth to mark them ;
now the standersby could see no Irons, yet they could see
distinctly the print of them in the ashes, and smell them
too, as they were carried by the not-seen furies unto the
poor creatures for whom they were intended ; and those
poor creatures were thereupon so stigmatized with them,
that they will bear the marks of them to their dying day.
Nor are these the tenth part of the prodigies that fell out
among the inhabitants of New England.

Flashy people may burlesque these things, but when
hundreds of the most sober people, in a country where they
have as much mother wit certainly as the rest of mankind,
know them to be true, nothing but the absurd and froward
spirit of saducism can question them. I have not yet men-
tioned one thing that will be justified, if it be required, by
the oaths of more considerate persons than can ridicule
these od phenomena.

But the worst part of this astonishing tragedy is yet be-
hind ; wherein Sir William Phips,* at last being dropt as
it were from the machine of Heaven, was an instrument of
easing the distresses of the land, now so darkened by the
Lord of Hosts. There were very worthy men upon the

* Sir William Phips was at this time (1G91) appointed Governor of
the colony of Massachusetts, and was the principal instrument of put-
ting a stop to the wild and ridiculous notions of witchcraft, which had
for a long time pervaded the whole country.

WITCHCRAFT.

303

spot where the assault from hel was first made, who appre-
hended themselves called from the God of Heaven, to sift
the business unto the bottom of it ; and indeed, the contin-
ual impressions which the outcries and the havocks of the
afflicted people that lived nigh unto them caused on their
minds, gave no little edge to this apprehension.

They did, in the first place, take it for granted, that there
are witches, or wicked children of men, who upon cove-
nanting with and commissioning of evil spirits, are attended
by their ministry to accomplish the things desired of them :
they had not only the assersions of the holy scriptures ; asser-
sions which the witch advocates cannot evade without shifts
too foolish for the prudent, or too profane for any honest
man to use ; and they had not only well attested relations
of the gravest authors, from Bodin to Bovet, and from Bins-
field to Brombal and Baxter ; to deny all which, would be
as reasonable as to turn the chronicles of all nations into
romances of Don Quixot and the Seven Champions; but
they had also an occular demonstration in one, who a little
before had been executed for witchcraft, when Joseph Dudley,
Esqr. was the Chief Judge. There was one whose magical
images were found, and who confessing her deeds, (when
a Jury of Doctors returned her compos mentis,) actually
showed the whole court by what ceremonies used unto
them, she directed her familiar spirits how and where to
cruciate the objects of her malice; and the experiment
being made over and over again before the whole court, the
effect followed exactly in the hurts done to the people at a
distance from her. The existence of such witches was
now taken for granted by the good men, wherein so far the
generality of reasonable men have thought they ran well ;
and they soon received the confessions of some accused
persons to confirm them in it; but then they took one thing
more for granted, wherein it is now as generally thought
they went out of the way. The afflicted people vehemently
accused several persons, in several places, that the spectres

304

WITCHCRAFT.

which afflicted them did exactly resemble them ; until the
importunity of the accusations did provoke the Magistrates
to examine them. When many of the accused came upon
their examination, it was found that the demons, then a
thousand ways abusing of the poor afflicted people, had with
a marvelous exactness represented them ; yea, it was found
that many of the accused, but casting their Eye on the
afflicted, though their faces were never so much another
way, would fall down and lie in a sort of a swoon, wherein
they would continue, whatever hands were laid upon them,
until the hands of the accused came to touch them, and
then they would revive immediately ; and it was found that
various kinds of natural actions, done by many of the ac-
cused in or to their own bodies, as leaning, bending, turn-
ing awry, or squeezing their hands, or the like, were pres-
ently attended with the like things preiernaturally done
upon the bodies of the afflicted, though they were so far
assunder that the afflicted could not at all observe the ac-
cused.

It was also found that the flesh of the afflicted was often
bitten at such a rate, that not only the print of the teeth
would be left on their flesh, but the very slaver of spittle
too, even such as might be clearly distinguished from other
peoples. And usually the afflicted went through a terrible
deal of seeming difficulties from the tormenting spectres,
and must be long waited on, before they could get a breath-
ing space from their torments to give in their testimonies.

Now many good men took up an opinion, that the provi-
dence of God would not permit an innocent person to come
under such a spectral representation : and that a concur-
rence of so many circumstances would prove an accused
person to be in a confederacy with the demons thus afflic-
ting of the neighbors ; they judged, that except these things
might amount unto a conviction, it would scarce be possi-
ble ever to convict a witch ; and they had some philosoph-
ical schemes of witchcraft, and of the method and manner

WITCHCRAFT.

305

wherein magical poisons operate, which further supported
them in their opinion.

Sundry of the accused persons were brought unto their
trial, while this opinion was yet prey ailing in the minds of
the Judges and Juries, and perhaps the most of the people
in the country, then mostly suffering ; and though some of
them that were tried there came in so much other evidence
of their diabolical compacts, that some of the most Judi-
cious, and yet vehement opposers of the notions then in
vogue, publicly declared, had they themselves been on the
bench, they could not have acquitted them ; nevertheless,
divers were condemned, against whom the chief evidence
was founded in the spectral exhibitions.

And it happening, that some of the accused coming to
confess themselves guilty, their shapes were no more seen by
any of the afflicted, though the confession had been kept
never so secret, but instead thereof the accused themselves
became in all vexations just like the afflicted ; and this
yet more confirmed many in the opinion that had been ta-
ken up.

And another thing that quickened them, yet more to act
upon it, was, that the afflicted were frequently entertained
with apparitions of Ghosts, at the same time that the spec-
tres of the supposed witches troubled them : which Ghosts
always cast the beholders into a far more consternation
than any of the spectres ; and when they exhibited them-
selves, they cried out of being murdered by the witchcrafts,
or other violences of the persons represented in the spec-
tres— once or twice the apparitions were seen by others at
the very same time that they shewed themselves to the af-
flicted ; and seldom were they seen at all, but when some-
thing unusual and suspicious had attended the death of the
party thus appearing.

The Dutch and French Ministers in the province of New
York, having likewise about this time their Judgment ask-
ed by the Chief Judge of that province, who was then a
26*

306

WITCHCRAFT.

gentleman of New England, they gave it under their hands
that if we helieve no Vcncfick Witchcraft, we must renounce
the Scripture of God, and the consent of almost all the
world ; but that yet the apparition of a person afflicting
another, is a very insufficient proof of a witch ; nor is it in-
consistent with the holy and righteous government of God
over men, to permit the affliction of the neighbors, by dev-
ils in the shape of good men ; and that a good name, ob-
tained by a good life, should not be lost by mere spectral
accusations.

Now upon a deliberate review of these things, his Excel-
lency* first reprieved, and then pardoned many of them that
had been condemned ; and there fell out several strange
things that caused the spirit of the country to run as vehe-
mently upon the acquitting of all the accused, as it by mis-
take ran at first upon the condemning of them.

In fine, the last Courts that sate upon this thorny busi-
ness, finding that it was impossible to penetrate into the
whole meaning of the things that had happened, and that
so many unsearchable cheats were interwoven into the con-
clusion of a mysterious business, which perhaps had not
crept thereinto at the beginning of it, they cleared the ac-
cused as fast as they tried them ; and within a little while
the afflicted were most of them delivered out of their troub-
les also ; and the land had peace restored unto it, by the
God of peace, treading Satan under foot.

EXTRACTS FROM AN ANCIENT HISTORY OF THE COLONY
OF MASSACHUSETTS.

"Relating to the wonders of the invisible icorld, in pre-
tcr-natural occurrences."

"Of these, I will now offer the publick, some remarka-
ble histories ; for every one, which we have had such a suf-
ficient evidence, that no reasonable man in this whole coun-
try, ever did question them ; and it will be unreasonable

* Sir William Pbips.

WITCHCRAFT.

307

to do it in any other. For my own part, I would be as ex-
ceedingly afraid of writing a false thing, as of doing an ill
thing; but have my pen always more in the fear of God."

THE FIRST EXAMPLE.

Ann Cole, a person of serious piety, living in the house
of her godly Father, in the year 1662, was taken with very
strange fits, wherein her tongue was improved by a demon,
to express things unknown to herself. The general purpose
of the discourse, which held sometimes for a considerable
while, was, that such and such persons named in the dis-
course, were consulting how they might carry on mischiev-
ous designs against her and several others, by afflicting their
bodies or destroying their good names ; upon all which, the
general answer heard among these invisible speakers,
was, ah! she runs to the Rock! after such an enter-
tainment had held for some hours, the demons were heard
saying, let us confound her language, that she may tell
no more tales. Whereupon the conference became un-
intelligible to the standers by, and it pass'd in a Dutch tone
giving therein an account of mischiefs that had befal-
len divers persons. Several eminent ministers wrote the
speeches of the spirits, thus heard in the mouth of this Ann
Cole; and one of the persons therein mentioned, as active
in the matter then spoken of (whose name was Greensmith)
being then in prison on suspicion of witchcraft, was brought
before the Magistrates. The Ministers now reading to her
what they had written, she with astonishment, confes'd that
the things were so, and that she with other persons, named
in the papers, had familiarity with a devil. She said that
she had not yet made a formal covenant with her devil, but
only promised that she would go with him when he called
her, which she had sundry times done accordingly : and
that he told her, that at Christmas, they would have a mer-
ry meeting, and then the agreement between them should
be subscribed. She acknowledged the day following, that
when Ministers began to read what they did, she was in

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WITCHCRAFT.

such a rage, that she could have torn them to pieces; and
she was resolved upon the denial of her guilt ; but after
they had read awhile, she was as if her flesh were pull'd
from her bones, and she could no longer do what they char-
ged upon her. She declared that her devil appeared unto
her first in the shape of a Deer, skipping about her, and at
last proceeded so far as in that shape to talk with her ; and
the devil had frequently carnal knowledge of her. Upon
this confession, with other concurrent evidence, the woman
was Executed, and other persons accused, made their es-
cape : whereupon Ann Cole, was happily deliver'd from the
extraordinary troubles wherewith she had been exercis'd.

THE SECOND EXAMPLE.

In the town of Groton, one Elizabeth Knap, (October
1071,) was taken after a very strange manner ; sometimes
weeping, sometimes laughing, sometimes roaring, with vio-
lent agitations, crying out Money, Money, her tongue would
be for many hours together drawn like a semi-circle, up to
the roof of her mouth ; so that no fingers applyed unto it,
could remove it. Six men were scarce able to hold in some
of her fits ; but she would skip about the house yelling and
howling, and looking hideously.

On Dec. 17th, her tongue being drawn out of her mouth
to an extraordinary length, a demon began manifestly to
speak in her ; for many words were distinctly uttered,
wherein are the labiel letters, without any motion of her
lips at all : words also, were uttered when her mouth was
wide open, but no organs of speech us'd therein. The
chief things that the demon spoke, were horrid railings
against the godly minister of the town ; but sometimes he
likewise belch'd out most nefaridous blasphemies against
the God of Heaven. And one thing about this young
woman was yet more particularly remarkable : she cried
out in her fits that a certain woman in the neighbourhood

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309

appeared unto her, and was the only cause of her afflic-
tion.

The Woman thus cry'd out upon, was doubtless an holy,
a devout, a vertuous person ; and she, by the advice of her
friends, visited the afflicted. The possessed creature, tho'
she was in one of her fits, and had her eyes wholly shut,
yet when this innocent woman was coming, she discover'd
herself wonderfully sensible of it, and was in grievous ago-
nies at her approaches.

But this inoccnt woman thus accused and abus'd by a
malicious devil, pray'd earnestly with, as well as for this
possess'd creature ; whereupon coming to herself, she con-
fess'd that she had been deluded by Satan, and compell'd
by him unreasonably to think and speak evil of a good
neighbour without a cause. After this, there was no fur-
ther complaint of such an ones apparition ; but she said
some devil in shape of divers, did very diversly and cruelly
torment her, and then told her it was not he, but they, that
were her tormentors.

THE THIRD EXAMPLE.

In the third year, 1679, the House of William Morse, at
Ncicbury, was infested with demons after a most horrid
manner, not altogether unlike the demons of Tedworth. It
would fill many pages to relate all the infestations; but the
chief of 'em were such as these. Bricks, and sticks, and
stones, were often by some invisible hand, thrown at the
house, and so were many pieces of Wood : a cat was thrown
at the Woman of the house, and a long staff dane'd up and
down in the chimney ; and afterwards the same long staff
was hang'd by a line and swung to and fro, and when two
persons laid it on the fire to burn it, it was as much as they
were able to do with their joint strength to hold it there.
An Iron crook was violently by an invisible hand, hurl'd
about ; and a chair flew about the room until! at last it litt
upon a table where the meat stood ready to be eaten> and

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WITCHCRAFT.

had spoiled all if the people had not with much ado saved
a little. A chrst was by an invisible hand, carried from
one place to another, and the doors barricado'd, and the
keys of the family taken, some of them from the bunch
where they were ty'd, and the rest flying about with a loud
noise of their knocking against one another. For a while
the folks of the house could not sup quietly, but ashes
would be thrown into their suppers, and on their heads,
and their cloaths : and the shoots of the man hem" left be-
low, one of them was fill'd with ashes and coals, and
thrown up after him. When they were a bed, a stone
weighing about three pounds, was divers times thrown upon
them. A box and a board was likewise thrown upon them ;
and a bag of hops being taken out of a chest, they were by
the invisible hand, beaten therewith till some of the hops
were scatter'd on the floor where the bag was then laid and
left. The man was often struck by that hand with several
instruments ; and the same hand cast their good things
into the fire : yea, while the man was at prayer with his
household, a bcesom gave him a blow on his head behind,
and fell down before his face. When they were winnow-
ing their Barley, dirt was thrown at them ; and assaying to
fill their half bushel with corn, the foul corn would be thrown
in with the clean so irresistibly that they were forc'd there-
by to give over what they were about. While the man was
writing, his Ink horn was by the invisible hand, snatch'd
from him ; and being able no where to find it, he saw it at
length drop out of the air down by the fire. A Shooc was
laid upon his shoulder ; but when he would have catch'd
it, it was rapt from him ; it was then clapt upon his head,
and there he held it so fast that the unseen fury pull'd him
with it backward on the floor. He had his cap torn off his
head, and in the night he was pull'd by the hair and pinch-
ed and scratch'd ; and the invisible hand prick'd him with
some of his awls, and with needles, and bodkins ; and blows
that fetched blood were sometimes given. Frozen clods of

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311

cow dung were often thrown at the man ; and his Wife
going to milk the cows, they could by no means preserve
the vessels of milk from the like annoyances, which made
it fit only for the hogs.

She going down into the cellar, the trap-door was imme-
diately by an invisible hand, shut upon her, and a table
brought and laid upon the door which kept her there till
the man remov'd it. When he was writing another time,
a dish went and leapt into a pail, and cast water on them,
and on all the concerns before him, so as to defeat what he
was then upon. His cap jump'd off his head, and on again,
and the pot lid went off the pot into the kettle, then over
the fire together.

A little Boy belonging to the family, was a principal suf-
ferer in these molestations ; for he was flung about at such
a rate that they fear'd his brains would have been beaten
out ; nor did they find it possible to hold him. His bed
cloathes would be pull'd from him, his bed shaken, and his
bed staff* leap forward and backward. The man took him
to keep him in a chair, but the chair fell a dancing, and
both of them were very near being thrown into the fire.
He was taken out of his bed and thrown under it, and all
the knives belonging to the house were, one after another,
stuck into his back, which the spectators pull'd out; only
one of them seem'd to the spectators to come out of his
mouth. The poor boy was divers times thrown into the
fire and preserv'd from scorching there, with much ado.
For a long while he bark'd like a dog, and then he cloqu'd
like a hen ; and could not speak rafOnally. His tongue
would be pull'd out of his mouth ; but when he could re-
cover it so far as to speak, he complain'd that a man called

P 1, appeared unto him as the cause of all.

Once in the day-time he was transported where none could
find him, till at last they found him creeping on one side,
and sadly dumb and lame. When he was able to express

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WICHCRAFT.

himself, he said P 1 had carried him over the top of the

house, and hurtcd him against the cart wheel in the barn ;
and accordingly they found some remainders of the thresh'd
Barley, which was on the Barn floor, hanging about his
garments.

The spectre would make all his meat, when he was going
to eat, fly out of his mouth ; and instead thereof, make him
fall to eating of ashes, and sticks, and yarn. The man and
his Wife taking the boy to bed with them, a chamber-pot,
with its contents, was thrown upon them ; they were se-
verely pinch'd, and pull'd out of the bed ; and many other
fruits of devilish spite were they dogg'd withall, until it
pleased God mercifully to shorten the chain of the devil.
But before the devil was chain'd up, the invisible hand,
which did all these things, began to put on an astonishing
visibility.

They often thought they felt the hand that scratch'd
them, while yet they saw it not ; but when they thought
they had hold of it, it would give them the slip. Once the
fist beating the man was discernible, but they could not
catch hold of it. At length an apparition of a Blackamoor
Child shew'd itself plainly to them. And another time a
drumming on the boards was heard, which was follow'd
with a voice that sang, revenge, revenge, siccet is revenge.
At this, the people being terrify'd, call'd upon God : where-
upon there follow'd a mournful note, several times uttering
these expressions, alas ! alas ! we knock no more, we knock
no more ! and there, was an end of all.

On June 11, 1682, showers of stones were thrown by
an invisible hand upon the house of George Walton, at
Portsmouth. Whereupon the people going out, found the
gate wrung off" the hinges, and stones flying and falling
thick about them, and striking of them seemingly with a
great force, but really affecting them no more than if a soft
touch were given them. The Glass windows were broken to

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313

pieces by stones that came not from without, but from with-
in ; and other instruments were in like manner hurl'd about.
Nine of the stones they took up, whereof some were as hot
as if they came out of the fire; and marking them, they
laid them on the table ; but in a little while they found
some of them again flying about. The spit was carried up
the chimney ; and coming down with the point forward,
stuck in the back log ; from whence one of the company
removing it, it was by an invisible hand thrown out at the
window. This disturbance continued from day to day ;
and sometimes a dismal hollow whistling would be heard,
and sometimes a trotting and snorting of an horse, but
nothing to be seen. The man went up the great Bay in a
Boat unto a farm he had there ; but there the stones found
him out ; and carrying from the house to the Boat a stirrup
Iron, the Iron came jingling after him through the woods
as far as the house; and at last went away, and was heard
of no more. The Anchor leap'd overboard several times,
and stopt the Boat. A cheese was taken out of the Press,
and erumbl'd all over the floor; a piece of Iron stuck into
the wall, and a kettle hung thereon. Several cocks of hay
mow'd near the house, were taken up and hung upon trees,
and others made into small wisps, and scattered about the
house. The man was much hurt by some of the stones :
he was a Quaker, and suspected a Woman who charged
him with injustice in detaining some land from her, did by
witchcraft occasion these preternatural occurrences. How-
ever, at last, they came to an end.

In June, 1682, Mary, the wife of Antonio Ilortado,
dwelling near the Salmon falls, heard a voice at the door
of her house, calling what do you here ? Two or three
days after, a great stone was thrown along the house ; which
the people going to take up, was unaccountably gone. A
frying pan, then in the chimney, rang so loud, that the
people at an hundred rods distance heard it ; and the said
27

314

WITCHCRAFT.

Mary, with her husband, going over the River in a Canoo,
they saw the head of a man, and about three foot off, the
tail of a cat, swimming before the Canoo, when they re-
turned, but at their landing, it first disappeared. A stone
thrown by an invisible hand, after this, caused a swelling
and a soreness in her head ; and she was bitten on both arms
black and blue, and her breast scratch'd, the impression of
the teeth, which were like a man's teeth, being seen by
many.

They deserted the house on these occasions, and tho' at
a neighbour's house they were at first haunted with appa-
ritions, the Satanical molestations quickly ceas'd. When
Antonio went unto his own house, at the entrance, there he
heard one walking in his chamber, and saw the boards
buckle under the feet of the walker ; and yet there was no-
body there. For this cause, he went back to dwell on the
other side of the River ; but thinking he might plant his
ground, tho' he left his house, he had five rods of good log
fence thrown down at once, and the footing of neat cattle
plainly to be seen almost between every row of corn in the
field ; and yet no cattle seen there, nor any damage done to
his corn, or so much as a leave of it cropt.

Mr. Philip Smith, aged about fifty years, a son of emi-
nently vertuous parents, a Deacon of a Church in Hadlcy,
a member of the General Court, a Justice in the Countrcy
Court, a Select Man for the affairs of the town, a Lieuten-
ant of the troop, and which crowns all, a man of devotion,
sanctity, gravity, and all that was honest exceeding exam-
plary. Such a man was, in the winter of 1684, murder'd
with an hideous ivitchcraft, that filled all those parts of
New England with astonishment. He was, by his office,
concerned about relieving the indigences of a wretched
woman in town ; who being dissatisfy'd at some of his just
cares about her, express'd herself unto him in such a man-
ner, that he declared himself thenceforward apprehensive
of receiving mischief at her hands.

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315

About the beginning of January, he began to be very
valetudinarious, labouring under pains that seem'd Ischiat-
ick. The standersby could now see in him one ripening
apace for another world, and fill ' d with grace and joy to a
high degree. He shew'd such weaned ness from weariness
of the world, that he knew not (he said) whether he might
pray for his continuance here : and such assurance he had of
the divine love unto him, that in raptures he would cry out,
Lord, stay thy hand ; it is enough, it is more than thy frail
servant can bear. But in the midst of these things, he still
utter'd and had hard suspicion that the ill woman who had
threatened him, had made impressions with inchantments
upon him. While he remain'd yet of a sound mind, he
very sedately, but very solemnly, charged his brother to
look well after him. Tho' he said he now understood him-
self, yet he knew not how he might be. But be sure (said
he) to have a care of me ; for you shall sec strange things.
There shall be a wonder in Hadlcy ! I shall not be dead,
when 'tis thought I am ! He press'd this charge over and
over; and afterwards became delirious; upon which he
had a speech incessant and voluble, and (as was judg'd) in
various languages. He cry'd out, not only of pains but
also of pins, tormenting him in several parts of his body ;
and the attendants found one of them.

In his distresses he exclaimed much upon the woman
aforesaid, and others, as being seen by him in the room ;
and there was divers times both in that room, and over the
whole house, a strong smell of something like music, which
once particularly so scented an Apple roasting at the fire,
that it fore'd them to throw it away. Some of the young
men in the town being out of their wits, at the strange ca-
lamities thus upon one of their neighbours, went three
or four times to give disturbance unto the woman thus com-
plained of: and all the time they were disturbing of her,
he was at ease, and slept as a weary man : yea, these were
the only times that they perceived him to take any sleep in

316

WITCHCRAFT.

his illness. Gaily pots of medicines provided for the sick
man, were unacountably empty'd : audible scratchings were
made about the bed, when his hands and feet lay wholly
still, and were held by others. They beheld fire some-
times on the bed ; and when the beholders began to dis-
course of it, it vanished away. Divers people actually felt
something often stir in the bed, at a considerable distance
from the man : it seem'd as big as a cat, but they could nev-
er grasp it. Several trying to lean on the beds head, tho'
the sick man lay wholly still, the bed would shake so as to
knock their heads uncomfortably. A very strong man
could not lift the sick man to make him lie more easily, tho'
he apply'd his utmost strength unto it ; and yet he could go
presently and lift a bedstead, and a man lying on it, with-
out any strain to himself at all. Mr. Smith dies; the Jury
that view'd his corpse, found a swelling on the breast, his

wounded or burn'd, his back full of bruises, and

several holes that seem'd. After the opinion of all had pro-
nounced him dead, his countenance continued as lively as if
he had been alive ; his ewyes closed as in a slumber, and
his nether Jaw not fallen down.

Thus he remain'd from Saturday morning about sunrise,
till Sabbath-clay , in the afternoon ; when those who took
him out of the bed, found him still warm, tho' the season
was as cold as had almost been known in any age : and a
New English winter does not want for cold.

On the night following his countenance was yet fresh as
before ; but on Monday morning they found the face ex-
treemely tumify'd and discolourd. It was bjack and blue,
and fresh blood seem'd running down his cheek upon the
hairs. Divers noises were also heard in the room where
the corpse lay ; as the clattering of chairs and stools, where-
of no account could be given.

This was the end of so good a man. And I could with
unquestionable evidence relate the tragical deaths of several
good men in this land attended with such preternatural cir~

WITCHCRAFT.

317

cumstances, which have loudly call'd upon us all to work
out our own salvation with fear and trcamhling.

There was one Mary Johnson, try'd at Hertford in this
countrey, upon an indictment of familiarity ivith the Devil,
and was found guilty thereof, cheifly upon her own confes-
sion. Her confession was attended with such convictive
circumstances, that it could not be slighted. Vary many
jnaterial passages relating to this matter, are now lost : but
so much as is well known, and can still be prov'd shall be
inserted.

She said her familiarity with the devil came through dis-
content, and wishing the Devil to take this and that, and the
Devil to do that and t'other thing ; whereupon a Devil ap-
pear'd unto her, tendering her what services might content
her. A devil accordingly did for her many services. Her
master blam'd her for not carrying out the ashes, and a Devil
afterwards would clear the hearth of ashes for her. Her
master sending her to drive out the Hogs, that sometimes
broke into the field, a Devil scare the hogs away, and
make her laugh to see how he teaz'd them. She confess'd
that she had murdered a child, and, committed uncleanness
both with men and with Devils. In time of her imjjriso?!-
ment, the famous Mr. Stone was at great pains to promote
her conversion from the Devil to God ; and she was by the
best observers judged very penitent, both before her Execu-
tion and at it ; and she went out of the world with comfor-
table hopes of mercy from God through the merit of our
Saviour. Being asked what she built her hopes upon, she
answer'd, upon these words ; come unto me all ye that la-
bour and are heavy laden, and I will give you rest; and
these ; there is a fountain set open for sin and uncleanness.
And she dy'd in a frame cxtreamly to the satisfaction of
them that were spectators of it.

Four children of John Goodwin in Boston, which had
enjoy'd a religious education, and answered it with a tow-

27*

318

WITCIICnAFT.

ardly ingenuity : children indeed of an examplary temper and
carriage, and an example to those about them for piety, hon-
esty and industry. These were in the year 1688, arrested
by a very stupendous witchcraft. The eldest of the chil-
dren, a daughter of about thirteen years old, saw cause to»
examine their laundress, the daughter of a scandalous Irish
woman in the neighborhood, about some Linen that was;
missing; and the woman bestowing very bad language on?,
the child, in her Daughter's defence, the child was immedi-
ately taken with odd fits, that carried in them something
diabolical. It was not long before one of her sisters, with
two of her brothers, were horribly taken with the like fits
which the most experienced physicians pronounced extra-
ordinary and preternatural : and one thing that the more
confirmed in this opinion was, that all the children were
tormented, still, just the same part of their bodies, at the
same time, tho' their pains flew like swift lightning from one
part unto another, and they were kept so far asunder, that
they neither saw nor heard one anothers complaints. At 9
or 10 o'clock at night, they still had a release from their
miseries, and slept all night pretty comfortably. But when
the day came, they were most miserably handled. Some-
times they were deaf, sometimes dumb, sometimes blind, and
often all this at once. Their tongues would be drawn down
their throats, and then pull'd out upon their chins to a pro-
digious length. Their mouths were fore'd open to such a
wideness, that their Jaws went out of joint : and anon clap
together again, with a force like that of a Spring Lock;
and the like would happen to their shoulder blades and their
elbows, and hand wrists, and several of their joints. They
would lie in a henurnVd condition, and be drawn together
like those that are tied neck and heels ; and presently be
stretch'd out, yea drawn back enormously. They made
piteous outcries, that they were cut with knives, and
struck with blows ; and the plain prints of the wounds were
seen upon them. Their necks would be broken so that

WITCHCRAFT.

319

their neck bone would seem dissolved unto them that felt af-
ter it ; and yet on the sudden it would come again so stiff,
that there was no stiring of their heads: yea, their heads
would be twisted almost round: and if the main force
of their friends at any time obstructed a dangerous motion
which they seem'd upon, they would roar exceedingly : and
when devotions were performed with them, their hearing
was utterly taken from them. The Ministers of Boston and
Charlestown, kept a day of prayer and fasting, on this oc-
casion, at the troubled house, the youngest of the four chil-
dren was immediately, happily, finally deliver'd from all its
trouble. But the Magistrates being awakened by the noise
of these grievous and horrid occurrences, examined the per-
son who was under the suspicion of having employ'd these
troublesome demons; and she gave such a wretched ac-
count of herself, that she was committed unto the Gaoler's
custody.

It was not long before this woman (whose name was
Glover,) was brought upon her trial ; but then the court
could have no answers from her, but in the Irish, which
was her native language, although she understood English
in her former conversation. When she pleaded to her in-
dictment, it was with owning and bragging, rather than
denial of her guilt. And the interpreters, by whom the
communication between the bench and the bar was man-
aged, were made sensible that a spell had been laid by an-
other ivitch on this, to prevent her telling tales, by confin-
ing her to a language which 'twas hoped nobody would
understand. The woman's house being searched, several
images, ox poppets, or babies, made of rags and stuffed with
Goat's hair, were thence produced, and the vile woman
confessed that her way to torment the objects of her malice
was by wetting of her finger with her spittle, and stroaking
of those little images. The abused children were then
present in the court ; the wooman kept still stooping and
shrinking, as one that was almost prest unto death with a
mighty weight upon her. But one of the images being

320

WITCHCRAFT.

brought unto her, she odly and swiftly started up, and
snatch'd it into her hand ; but she had no sooner snatch'd
it, than one of the children fell into sad fits, before the
whole assembly. The Judges had their just apprehensions
at this, and carefully causing a repetition of the experiment,
they still found the same event of it, tho' the children saw
not when the hand of the w'dcli was laid upon the images j
they asked her whether she had any to stand by her ? She
replied she had : and looking very pertly into the air, she
added, no he's gone ! and she then acknowledged that she
had one, who was her prince, with whom she mentioned I
no not what communion. For which cause, the nitrht after
she was heard expostulating with a Devil, for his thus de-
serting her, telling him, that because he had served her so-
basely and falsely she had confessed all.

However, to make all clear, the Court appointed five or
six Physicians to examine her very strictly, whether she was
no way crazed in her intellectuals. Divers hours did they
spend with her ; and in all that while, no discourse came
from her but what was agreeable ; particularly when they
ask'd her what she thought would become of her Soul, she
replied, you ask me a very solemn question, and I cannot
tell what to say. She profest herself a Roman Catholick,
and could recite her Patcr-nostcr in Latin very readily ;
but there was one clause or two always too hard for her,
wherefore she said, she could not repeat it if she might have
all the world.

In the upshot, the Doctors return'd her compos mentis,
and sentence of death was past upon her. Divers days past
between her being arraign'd and condemned ; and in this
time, one Hughes testified that her neighbour (called How-
en,) who was cruelly bewitch'd unto death, about six years
before, laid her deatli to the charge of this woman, and bid
her (the said Hughes,) to remember this, for within six
years there would be occasion to mention it. One of
Hughes children was presently taken ill in the same woful

WITCHCRAFT.

manner that Goodwin's ; and particularly the Boy in the
night cried out that a black person with a blue cap, in the
room, tortured him, and that they tried with their hand in
the bed, for to pull out his bowels. The mother of the
Boy went unto Glover the day following, and asked her
why she tortured her poor lad at such a rate ? Glover an-
swered, because of the wrong she had received from her ; and
boasted that she had come at him as a black person with a
blue cap, and with her hand in the bed, would have pull'd
his boivels out, but could not. Hughes denied that she had
wronged her ; and Glover then desiring to see the boy,
wished him well ; upon which he had no more of his indis-
positions. After the condemnation of the woman, I did
myself give divers visits unto her ; wherein she told me that
she used to beat meetings, where her prince with four more
were present. She told me who the four were, and plainly
said that her prince was the Devil. When I told her that
and how her Prince had cheated her, she reply'd, if it be
so I am sorry for that ! And when she declined answering
some things that I asked her, she told me she would fain
give me a full ansiocr, but her spirits would not give her
leave ; nor could she consent, she said, without their leave,
that I should pray for her. At her execution, she said the
afflicted children should not be relieved by her death, for
others besides she had a hand in their affliction. Accord-
ingly the three children continu'd in their furnace as before ;
and it grew rather seven times hotter than it was. In their
fits they cry'd out (they) and (them) as the authors of all
their miseries; but who that (they) and (them) were, they
were unable to declare ; yet at last one of the children was
able to discern their shapes, and uttered their names. A
blow at the place where they saw the spectre, was always
felt by the Boy himself in that part of his body that an-
swer'd what might be stricken at ; and this tho' his back
were turn'd, and the thing so done that there could be no
collusion in it. But as a blow at the spectre always hurt

322

WITCHCRAFT.

him, so it always help'd him too ; for after the agonies, to
which a push or stab at that had put him, were over, (in a
minute or two they would be,) he would have a respite from
his ails a considerable while, and the spectre would be
gone ; yea, it was very credibly affirmed, that a dangerous
woman or two in the town receiv'd wounds by the blows
thus given to the spectres. The calamities of the children
went on till they barked at one another like dogs, and then
purred like so many cats. They would complain that they
were in a red hot oven, and sweat and pant as much as if
they had been really so. Anon they would say that cold
water was thrown on them, at which they would shiver very
much. They would complain of blows with great cudgels'
laid upon them, and we that stood by, though we could see
no cudgels, yet could see the marks of the bloivs in red
streaks upon their flesh.

They would complain of being roasted on an invisible
spit; and lie and roll and groan as if it had been most sen-
sibly so ; and by and by shriek that knives were cutting of
them. They would complain that their heads were nailed
unto the floor, and it was beyond an ordinary strength to
pull them from thence. They would be so limber sometimes,
that it was judg'd every bone they had might be bent; and
anon so stiff", that not a joint of them could be stired.

One of them dreamt that something was growing within
his skin, cross one of his ribs. An expert Chirurgeon
searcht the place, and found there a brass pin, which could
not possibly come to lie there as it did, without a presti-
gious and misterious conveyance. Sometimes they would
be very mad, and then they would climb over high fences,
yea, they would fly like geese, and be carried with an in-
credible swiftness through the air, having but just their
toes now and then upon the ground, (sometimes not once
in twenty foot,) and their arms waved like the wings of a
bird. They were often very near drowning or burning of
themselves ; and they often strangled themselves with their

WITCHCRAFT.

323

neck cloths ; but the providence of God still ordered the
seasonable succors of them that looked after them. If there
happened any mischief to be done where they were, as the
dirtying of a. garment, or spilling of a cup, or breaking of
a glass, they would laugh excessively.

But upon the least reproof of their parents, they were
thrown into inexpressible anguish, and roar as excessively.
It usually took up abundance of time to dress them or un-
dress them, through the strange postures into which they
would be twisted, on purpose to hinder it ; and yet the de-
mons did not know our thoughts ; for if we used a jargon,
and said untie his neckcloth, but the party bidden under-
stood our meaning to be untie his shooe, the neckcloth,
and not the shooe, has been by writhen postures rendered
strangely inaccessible. In their beds they would be some-
times treated so, that no cloaths could for an hour or two
be laid upon them. If they were bidden to do a needless
thing, (as to rub a clean table,) they were able to do it un-
molested ; but if to do any useful thing, (as rub a dirty
table,) they would presently, with many torments, be made
uncapable.

They were sometime hindred from eating their meals, by
having their teeth set when any thing was carrying to their
mouths. If there were any discourse of God, or Christ,
or any of the things which are not seen, and arc eternal,
they would be cast into intolerable anguishes. — All praying
to God, and reading of his word, would occasion 'em a
very terrible vexation. Their own ears would then be stopt
with their own hands, and they would roar, and howl, and
shriek, and hollow, to drown the voice of the devotions,
yea, if any one in the room took up a Bible to look into
it, tho' the children could see nothing of it, as being in a
crowd of spectators, or having their faces another way,
yet would they be in wonderful torments till the Bible was
laid aside. Briefly, no good thing might then be endured
near those children, which, while they were themselves,

324

WITCHCRAFT.

loved every good thing, in a measure that proclaimed in
them the fear of God. If I said unto them, child, cry to
the Lord Jesus Christ! their teeth were instantly set. If I
said, yet, look unto him! their eyes were instantly pull'd so
far into their heads, that we fear'd they could never have,
us'd them any more.

It was the eldest of these children that fell chiefly under
my own observation : for I took her home to my own fami-
ly, partly out of compassion to her parents, but chiefly,
that I might be a critical eye witness of these things, that
would enable me to confute the saducism of this debauched
age. Here she continued well for some days, applying
herself to actions of industry and piety : but Nov. 20,
1G88, she cry'd out, Ah, they have found me out, and im-
mediately she fell into fits. Wherein we often observed
that she would cough up a ball as big as a small Egg into
the side of the wind pipe, that would near choke her, till
by stroaking and by drinking, it was again carried down.

When I prayed in the room, first her hands were with a
strong, tho' not even force, clapt upon her ears ; and when
her hands were by our force pulled away, she cry'd out,
they make such a noise I cannot hear a word ! She com-
plained that Glover's chain was upon her leg ; and assay-
ing to go, her gait was exactly such as the chained witch
had before she died. When her tortures pass'd over, still
frolicks would succeed, wherein she would continue hours,
yea, days together, talking perhaps never wickedly, but
always wittily beyond herself. And at certain provoca-
tions her torments would renew upon her, till we had left
off to give them ; yet she frequently told us in these frol-
icks, that if she might but steed, or be drunk, site should be
well immediately. She told us, that she must go down to
ihc botttom of our well, (and we had much ado to hinder
it) for they said there was plate there, and they would bring
her up safely again. We wondered at this, for she had
never heard of any plate there ; and we ourselves, who

WITCHCRAFT. 325

had newly bought the house, were ignorant of it ; but the
former owner of the house just then coineing in, said
there had been plate for many years lost at the bottom of the
well. Moreover, one singular passion that frequently at-
tended her, was this.

An invisible chain would be clapt about her, and she in
much pain and fear, cry out when (they) began to put it
on. Sometimes we could with our hands knock it off, as
it began to be fastened, but ordinarily, when it was on,
she would be pull'd out of her seat, with such violence
towards the fire, that it was as much as one or two of us
could do to keep her out. Her Eyes were not brought to
be perpendicular to her feet when sherose out of her chair,
as the mechanism of an humane body requires in them that
rise, but she was dragg'd wholly by other hands. And if
we stamp'd on the hearth, just between her and the fire,
she screamed out, that by faring the chain we hurt her.

I may add, that (they) they put an unseen rope, with a
cruel noose, about her neck, whereby she was choaked
untill she was black in the face ; and tho' it was got off be-
fore it had kill'd her, yet there were the red marks of it,
and of a finger and a thumb near it, remaining to be seen
for some while afterwards. Furthermore, not only upon
her own looking in the Bible, but if any one else in the
room did it, ivholly unknown to her, she would fall into
unsufferable torments.

A Quaker Book being brought her, she could quietly
read whole pages of it ; only the name of God and Christ,
she still skipp'd over, being unable to pronounce it, except
sometimes stammering a minute or two, or more upon it.
And when we urged her to tell what the word was that she
miss'd, she would say, / must not speech it: they say I
must not. You know what it is. ' Tis G, and O, and D.
But a Book against Quakerism (they) would not allow her
to meddle with. Such books as it might have been profit-
able and edifying for her to read, and especially her cathe-

32G

WITCHCRAFT.

chisms, if she did but offer to read a line in them, she
would be cast into hideous convulsions, and be tost about
the house like a foot ball ; but books of jests being shewn
her, she could read them well enough, and have cunning
descants upon them. Popish books ( they ) would not hinder
her from reading ; but ( they ) would from reading books
against Popery. A book which pretends to prove that there
are no witelies, was easily read by her ; only the name
Devils and witches might not be uttered. A book which
proves that there arc ivitches, being exhibited unto her, she
might not read it ; and that expression in the story of Ann
Cole, about running to the Rock, always threw her into
convulsions.

Divers of these trials were made by many witnesses; but
I considering that there might be a snare in it, put a sea-
sonable stop to this fanciful business. Only I could not but
be amaz'd at one thing. A certain prayer book being
brought her, she not only could read it very well, but also
did read a large part of it over, calling it her Bible, and
putting a more than ordinary respect upon it. If she were
going into her tortures, at the tender of this book she would
recover herself to read it; only when she came to the Lords
prayer, now and then occurring in that book, she would
have her eyes put out, so that she must turn over a new
leaf, and then she could read again. Whereas,- also, there
are Scriptures in that book she could read them there ; but
if any shewed her the very same Scriptures in the Bible it-
self, she should sooner die than read them ; and she was
likewise made unable to read the Psalms in an ancient
metre which this prayer Book had in the same volume with
it. Besides these, there was another inexplicable thing in
her condition. Ever now and then, an invisible horse would
be brought unto her by those whom she only called (them)
mid (her company) upon the approach of which, her ewyes
would be still closed up; for (said she,) they say I am a

WITCHCRAFT.

327

tell talc, and therefore they will not let me see them. Here-
upon slie would give a spring as one mounting an horse,
and settleing herself in a riding posture, she would in her
chair be agitated as one sometimes ambling, sometimes trot-
ing, and sometimes galloping very furiously. In these mo-
tions we could not perceive that she was moved by the
stress of her feet upon the ground, for often she touch'd it
not. When she had rode a minute or two, she would seem
to be at a rendezvous with [them] that were her [company]
and there she would maintain a discourse with them, ask-
ing them many questions concerning herself, (we gave her
none of ours) and have answers from them which indeed
none but herself perceived. Then would she return and
inform us how [they] did intend to handle her for a day or
two afterwards, and some other things that she enquired.
Her horse would sometimes throw her with much violence ;
especially if any one stabb'd or cut the air under her. But
she would briskly mount again and perform her fantastick
journeys mostly in her chair; but sometimes also, she would
be carried from her chair out of one room into another,
very odly in the postures of a riding woman. At length,
she pretended, could ride up the stairs; and unto admira-
tion she rode, (that is was toss'd as one that rode) up the
stairs. There then stood open the study of one belonging
to the family : into which entering, she stood immediately
on her feet, cry'd out they they arc gone ! they are gone !
they say that they cannot. God won't let them come here !
Adding a reason for it which the owner of the study
thought more kind than true. And she presently and per-
fectly came to herself so that her whole discourse and car-
riage was alter'd unto the greatest measure of sobriety, and
she sate reading of the Bible and other good books, for a
good part of the afternoon. Her affairs calling her anon
to go down again, the demons were in a quarter of a minute
as bad upon her as before ; and her horse was waiting for her.
Some then came to see whether there had not been fallacy

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WITCIICRiVFT.

in what had newly hapned, resolved for to have her up unto
the study where she had been at ease before ; but she was
then so strangely distorted, that it was an extream difficulty
to drag her up stairs. The demons would pull her out of
the peoples hands and make her heavier than perhaps three
of herself. With incredible toil, (tho she kept screaming,
they say I must go in,) she was pull'd in, where she was
no sooner got, before she could stand on her feet and with
an alter'd note say, now I am well.

She would be faint at first, and say, she felt something to
go out of her, (the noises whereof we sometimes heard
like those of a mouse,) but in a minute or two, she could
apply herself to devotion, and express herself with discretion
as well as ever in her life.

To satisfie some strangers, the experiment was divers
times, with the same success, repeated, until my loathness
to have any thing done like making a charm of a room,
caus'd me to forbid the repetition of it. But enough of
this. The ministers of Hoston and Charleston kept an-
other day of prayer with fasting, for Goodwin's afflicted
family. After which, the children had a sensible, but a
gradual abatement, of their sorrows, until perfect ease was
at length restored unto them. The young woman dwelt
at my house the rest of the Winter ; having, by a vcrtuous
conversation, made herself welcome to the family. But ere
long, I thought it convenient for me to entertain my con-
gregation with a sermon on the memorable providences
wherein these children had been concern'd, (afterwards
publish'd.) When I had begun to study my sermon, her
tormentors again seized upon her, and managed her with a
special design, as was plain, to disturb me in what I was
then about.

In the worst of her extravagancies formerly, she was
more dutiful to myself than I had reason to expect. But
now her whole carriage to me was with a sawciness which
I was not used any where to be treated withall. She would

WITCHCRAFT. 329

knock at my study door affirming that some beloio would
be glad to see me, though there was none that asked for me.
And when I chid Iter for telling what was false, her answer
was, Mrs. Mather is always glad to sec you. She would
call to me with numberless impertinences; and when I
came down she would throw things at me, though none of
them could ever hurt me : And she would hecter me at a
strange rate for something I was doing above, and threaten
me with mischief and reproach that should revenge it. Few
tortures now attended her but such as were provoked.
Her frolicks were numberless, if we may call them hers.
I was in Latin telling some young gentleman that if I
should bid her look to God, her eyes would be put out ;
upon which, her eyes were presently served so. Perceiv-
ing that her troublers understood Latin, some trials were
thereupon made whether they understood Greek and He-
brew, which it seems they also did ; but the Indian lan-
guages they did seem not so well to understand.

When we .went unto prayer, the demons would throw her
on the floor at the feet of him that prayed, where she would
whistle, and sing, and yel, to drown the voice of prayer,
and she would fetch blows with her fist, and kicks with her
foot, at the man that pray'd; but still her fist and foot
would always recoyl when they came within an inch or two
of him, as if rebounding against a wall, and then she would
beg hard for other people to strike him, which (you may be
sure) not being done, she cried out, he has wounilcd me in
the head. But before the prayer was over, she would be
laid for dead, wholly sensless, and (unto appearance) breath-
less, with her belly swelled like a drum ; and sometimes
with croaking noises in her. Thus would she lie, most ex-
actly with the stiffness and posture of one that had been
two days laid out for dead. Once lying thus, as he that
was praying was alluding to the words of the Canaanitcs,
and saying, Lord, have mercy on a daughter vex't with a
Devil, there came a big, but low voice from her, in which
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330

WITCHCRAFT.

the spectators did not see her mouth to move, there's two or
three of us. When prayer was ended, she would revive in
a minute or two, and continue as frolicksome as ever.

She thus continued until Saturday towards the evening,
when she assay'd with as nimble and various and pleasant
an application as could easily be used, for to divert the
young folks in the family from such exercises, as it was
proper to the Sabbath withall ; but they refusing to be di-
verted, she fell fast asleep, and in two or three hours waked
perfectly herself, weeping bitterly to remember what had
befallen her. When Christmas arrived, both she at my
house, and her sister at home, were by the demons made
very drunk, though we are fully satisfied they had no strong
drink to make them so, nor would they icillingly have been
so to have saved the world. When she began to feel her-
self drunk, she complained, Oh ! they say they ivill have
me to keep Christmas with them. They ivill disgrace me
when they can do nothing else. And immediately the ri-
diculous behaviours of one drunk were with a wondrous
exactness, represented in her speaking and reeling, and
spewing, and anon sleeping, till she was well again. At
last, the demons put her upon saying that she was dying,
and the matter prov'd such that we fear'd she really was ;
for she lay, she toss'd, she pull'd, just like one dying, and
urged hard for some one to die with her, seeming loth to
die alone. She argu'd concerning death, with a paraphrase
on the thirty-first psalm, in strains that quite amazed us;
and concluded that tho' she was loth to die, yet if God said
she must, she must ! Adding, that the Indians would
quickly shed much blood in'the country, and horible trage-
dies would be acted in the land. Thus the vexations of
the children ended.

But after awhile, they began again ; and then one partic-
ular minister taking a particular compassion on the family,
set himself to serve them in the methods prescribed by our
Lord Jesus Christ. Accordingly, the Lord being besought

WITCHCRAFT.

331

thrice in three days of prayer, with fasting on this occasion,
the family then saw their deliverance perfected ; and the chil-
dren afterwards all of them, not only approv'd themselves
devout Christians, but unto the praise of God reckoned
these their afflictions among the special incentives of their
Christianity.

The Ministers of Boston and Charlestown, afterwards ac-
company'd the printed narrative of these things with their
attestations to the truth of it. And when it was reprinted
at London, the famous Mr. Baxter prefixed a preface unto
it, wherein he says, this great instance comes with such con-
vincing evidence, that he must be a very obstinate sadducee
that will not believe it.

CONFESSIONS OF WITCHES.

I shall give the reader a taste of these things in a few in-
stances.— The afflicted complained that the spectres which
vex'd them, urged them to set their hands to a book, repre-
sented to them, (as to them it seemed) with threatnings of
great torments, if they signed not, and promises of ease if
they obeyed. Amongst these, D. H. as she said (which
sundry others confess'd afterwards) being overcome by the
extremity of her pains, did sign the book presented, and
had the promised ease, and immediately upon it a spectre in
her shape afflicted another person, and said, / have sign'd
the book, and have case : noiv do you sign, and so shall you
have ease ! And one day, this afflicted person pointed at a
certain place in the room, and said there is D. H. upon
which, a man with his rapier struck at the place, tho' he
saw no shape ; and the afflicted called out, saying, you have
given her a small wound about the eye. Soon after this the
said D. H. confess'd herself to be made a witch, by signing
the Devils book, as abovesaid, and declared that she had
afflicted the maid that complained of her, and in doing of it
had received two wounds by a Sword or Rapier; a small one
about the eye, which she shelved to the Magistrates, and an-

332

WITCHCRAFT.

other on the side, of which she was search'd hy a discreet
woman, who reported that D. H. had on her side the sign
of a wound newly healed. This D. II. confessed that she
was at a witch meeting at Salem Village, where were many
persons that she named, some of whom were in prison then,
fir soon after, upon suspicion of witchcraft; and the said
G. B. preached to them, and such a woman was their Dea-
con, and there they had a sacrament.

Several others after this, confessed the same things with
D. II., in particular Goody E. said, that she, with two oth-
ers, (one of whom acknowledg'd the same) rode from An-
dover to the same Village Witch Meeting, upon a stick above
the ground, and that in the way the stick brake, and gave
the said F. a fall, whereby, said she, I got a fall, and hurt,
of which I am still sore. I happened to be present in pris-
on when this F. own'd again her former confession to the
Magistrates. I asked her if she rode to the meeting on a
stick 1 She said yea. I inquired what she did for victuals?
She answered, that she carried Bread and Cheese in her
pocket, and that she and the Andover company came to the
Village before the meeting began, and sat down together
under a Tree, and eat their food ; and that she drank water
out of a Brook to quench her thirst; and that the meeting
was upon a plain grassy place, by which was a Cart path,
in which were the tracks of horses feet: and she also told
me how long they were going and returning, and some time
after, told me she had some trouble upon her spirit; and
when I enquired what, she said she was in fear that G. B.
and M. C. would kill her; for they appeared unto her (in
spectre, for their persons were kept in other rooms in the
prison,) and brought a sharp pointed Iron, like a spindle,
but four square, and threatened to take her life, because she
had confessed her witchcraft, and told of them that they
were with her ; and M. C. abovenamed was the person that
inadf her a witch. About a month after the said F. took

WITCHCRAFT.

333

occasion to tell me the same story of her fears that G. B.
and E. C. would kill her; so that the thing was much on
her spirit.

Nextly I will insert the confession of a Man, about forty
years of age, W. B. which he wrote himself in prison, and
sent to the Magistrates, to confirm his former confession to
them.

God having called me to confess my sin and apostacy in
that fall, in giving the Devil advantage over me, appearing
to me like a black man in the evening, to set my hand to his
book, as I have owned to my shame. He told mc that I should
not want, so doing. At Salem Village, there being a little
off the Meeting House, about an hundred ffne blades, some
ivith rapiers by tltcir sides, which teas called ( and might be
more for ought I know) by B. and Bu, and the trumpet
sounded, and bread and wine, which they called the sacra-
ment, but I had none ; being carried over all upon a stick
never being at any other meeting, I being at Cart Saturday
last, all the day of Hay and English Corn, the devil
brought my shape to Salem, and did afflict M. S. and It. F.
by ditching my hand; and on Sabbath day, my shape af-
flicted M. S. and A. M. E. J. and A. F. have been my en-
ticers to this great abomination, as one hath owned and char-
ged her other Sister with the same. And the design was to
destroy Salem Village, and to begin at the Ministers House,
and to destroy the Churches of God, and to set up Sedans
Kingdom, and then all will be well. And now I hope God
hath made me in some measure sensible of my sin and apos-
tacy ; begging pardon of God, and of the honourable. Ma-
gistrates, and cdl God 's people ; hoping, and promising by
the help of God, to set my heart and hand to do what in me
licth to destroy such wicked worship ; humbly begging the
p>rayers of God's people for me, I may walk humbly under
all this great affliction, and that I may procure to myself
the sure mercies of David.

Concerning this confession, note 1 , it was his own free
act in prison. 2, He said (the Devil like a black Sheep,)

331

WITCHCRAFT.

litis lie had before explained to be like a black man. 3.
That on a certain day was heard in the air the sound of a
trumpet at Salem Village, nigh the meeting house, and up-
on all enquiry, it could not be found that any mortal man
did sound it. 4. The three persons, he saith, the Devil in
his shape afflicted, had been as to the time and maimer, af-
flicted as he confessed). 5. That E. J. confessed as much
as W. B. charged her with. 6. Many others confessd a
witch meeting, or witch meetings, at the Village as well as he.

Note also, that these confessors did not only witness
against themselves, but against one another, and against
many, if not all those that suffered for that crime. As for
example : when G. B. was tried, seven or eight of these
confessors, severally called, said they knew the said B. and
saw him at a witch meeting at the Village, and heard him
exhort the company to pull down the Kingdom of God, and
set up the Kingdom of the Devil. lie denied all; yet said
he justified the Judges and Jury, in condemning of him :
because there were so many positive witnesses against him ;
but said he died by false witnesses. M. C. had to witness
against her, two or three of her own children, and several
neighbours, that said they were in confederacy with her in
witchcraft. A. F. had th'ee of her children, and some of
the neighbours, her own sister, and a servant, who confes-
sed themselves witches, and said she was in confederacy
with them. But alass ! I am weary with relating particulars ;
those that would see more of this kind, let them have re-
course to the Records.

It may be queried, how doth it appear that there was a
going too far in this affair ?

A. 1. By the numbers of the persons accused, which
at length increased to about an hundred; and it cannot be
immagined that in a place of so much knowledge, so many
in so small a compass of land, should so abominably leap
into the devil's lap all at once.

M. The quality of several of the accused was such as did
bespeak better things, and things that accompany salvation .

WITCHCRAFT.

335

persons, whose blameless and holy lives before did testifie
for them ; persons that had taken great pains to bring up
their children in the nurture and admonition of the Lord ;
such as we had charity for, as for our own souls : And
charity as a Christian duty commended to us.

3. The number of the afflicted daily increased, until about
fifty persons were thus vex'd by the devil. This gave just
ground to suspect some mistake, which gave advantage to
the accuser of the brethren to make a breach upon us.

4. It was considerable, that nineteen were Executed, and
all denied the crime to the death, and some of them were
knowing persons, and had before this been accounted
blameless livers. And it is not to be immagined, but that
if all had been guilty, some would have had so much ten-
derness as to seek mercy for their souls, in the way of con-
fession and sorrow for such a sin. And as for the condemn' el
confessors at the bar, (they being reprieved,) we had no ex-
perience whether they would stand to their self-condemning
confessions when they came to die.

5. When this prosecution ceased, the Lord so chain' el up
Satan, that the afflicted grew presently well ; the accused
are generally quiet ; and for five years since, we have no
such molestations by them.

6. It sways much with me, which I have since heard and
read of the like mistakes in other places. As in Suffolk in
England, about the year 1645, was such a prosecution, until
they saw that unless they put a stopt it would brino- all into
blood and confusion. The like hath been in France, until
nine hundred were put to death. And in some other places
the like. So that New England is not the only place cir-
cumvented by the ivifos of the wicked and willy serpent in
this kind.

In Chelmsford in Essex, (England,) Anno 1645, there
were thirty try'd at once, before Judge Coniers, and four-
teen of them hang'd, and an hundred more detained in sev-
eral prisons in Suffolk and Essex.

336

WITCHCRAFT.

As to our case at Salem, I conceive it proceeded from
some mistaken principles : as that Satan cannot assume the
shape of an innocent person, and in that shape do mischief
to the bodies and estates of mankind; and that the devil,
when he dotli harm to persons in their body or estate, it is
(at least most commonly, generally, and frequently,) by the
help of our neighbours, some witch in covenant with the
devil ; and that when the party suspected looks on the par-
ties suppos'd to be bevvitch'd, and they are thereupon struck
down in a fit, as if struck with a cudgel, it is a proof of such
a covenant.

[The author elsewhere speaking of another mistaken
principle, takes occasion to mention the following passage.]

I remember, when there was a great discourse about
witches, a very holy man heard his wife say she desired a
sucking Pig ; and he going to a neighbour's house, saw a
sow with a litter of pigs, and took a fancy to one of them
in particular for his wife, and asked the owner for that pig.
The owner denied him ; hereupon he went away in a great
passion, very unsuitable to such a person ; and that very
pig left its dam and company, and followed this man to his
home. This was observed, and it was supposed Satan
might have some hand in it; taking advantage upon the
passion of so good a man, to render him suspected by such
an accident, if he could.

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